
Rnnk I i 

OFFICIAL DONATION. 



...THE... 



School Law of Indiana 



With Annotations, 



STATE CONSTITUTION, 



ISSUED BY 

FRANK L. JONES, 

Superintendent of Public Instruction. 



INDIANAPOLIS: 

WM. B. BURFORD, CONTRACTOR FOR STATE PRINTING AND BT.VDING, 
1901. 



WAB3S t902 
Di of Dt 



W/ 



.-p"^; 



?p 



THE PRESENT REVISIOR 

In the present edition of the School Laws of Indiana an effort 
has been made to render them as useful to the general public 
and school officers as possible. The laws have been rearranged, 
and it is believed that the new arrangement will be more 
acceptable than that of the previous editions. The notes had 
grown so voluminous that it has been deemed best to eliminate 
many, especially those that are partially or wholly obsolete. 

The sections have been renumbered, but at the end of each 
section will be found the sectional number that the section 
occupies in the Revised Statutes of 1881, 1894, and 1897. At 
the beginning of each section is the sectional number the sec- 
tion had in the original acts or session laws. 



COUNTY SUPERINTENDENTS OF INDIANA. 



ELECTED JUNE 5, 1899, FOE FOUR YEAES. 

Co-Onties. Name. Abdeess. 

Aclams Ii:.vin Brandy berry Decai:ur. 

Allen F. J. Young Fort Wayne. 

Barthol'omew James H. Clark Columbus. 

Benton L. A. McKnight Fowler. 

Blackford Finley Geiger Hartford City. 

Boone Eichard H. Harney Lebanon. 

Bro^,n Andrew A. Manuel Nashville. 

Carroll Isaac F. Myer Delphi.''* 

Cass Eobert C. Hillis Logansport. 

Clark Samuel L. Scott JefFersonville. 

Clay James M. Tilley Brazil. 

Clinton .... James H. Grover Frankfort. 

Crawford Charles A. Eobertson English. 

Daviess William A. Wallace Washington. 

Dearborn Solomon K. Gold Lawrendeburg. 

Decatur Elmer C. Jerman Greensbur-g-. 

Dekalb Henry E. Coe Auburn. 

Delaware Charles A. Van Matre Muncie. 

Dubois Geo. R. Wilson Jasper. 

Elkhart Geo. W. Ellis Goshen. 

Fayette Calvrn Ochiltree Connersville. 

Floyd Levi H. Scott New Albany. 

Fountain Grant Gossett Covington. 

Franklin , W. H. Senour Brookville. 

Fulton W. S. Gibbons Eochester. 

Gibsoji John T. Ballard Princeton. 

Grant Alexander Thompson Marion. 

®reene . Harvey E. Cushman Bloomfield. 

Hamilton Ellis A. Hutchens Noblesville. 

Hancock Lee O. Harris Greenfield. 

Harrison Amzi Weaver Corydon. 

Hendricks James D. Hostetter Danville. 

Henry Jv A. Greenstreet New Castle. 

Howard Elsworth E. Eobey ■ Kokomo. 

Huntington Henry D. Shideler Huntington. 

Jackson J. E. Payne Brownstown. 

Jasper Lewis H. Hamilton Eensselaer. 

Jay Lewis Crowe Portland. 

Jefferson George S. Taylor Madison. 

Jennings M. W. Deputy Vernon. 

Johirson .J. W. Terman Franklin. 

Knox . . ; Peter Phillippe Vincennes. 

Kosciusko George W. Worley Warsaw. 

Lagrange H. S. Gilhams 



COUNTY SUPERINTENDENTS. 

Counties Name. Address. 

Lake Frank E. Cooper Crown Point. 

Laporte Chas. A. Zigler Laporte. 

Lawrence Wm. E. Stipp Mitchell. 

Madison Lawrence McTurnan Anderson. 

Marion William F. Landes Indianapolis. 

Marshall George D. Marks Plymouth. 

Martin Elijah McFarland Shoals. 

Miami Ellis H. Andrews Peru. 

Monroe W. V. Payne Bloomington. 

Montgomery Ward B. Walkup Crawfordsville. 

Morgan Wm. O. Baker Martinsville. 

Newton W. L. Kellenberger Kentland. 

Noble Edwin L. Adair Albion. 

Ohio Eugene S. Espey Eising Sun. 

Orange Claude L. Eankin Paoli. 

Owen Burton M. Hancock Spencer. 

Parke Jesse M. Neet Eockyille. 

Perry Logan Esarey Cannelton. 

Pike John D. Grimes Sophia. 

Porter Arthur A. Hughart Valparaiso. 

Posey Charles Greathouse Mt. Vernon. 

Pulaski John H. Eeddick Winamac. 

Putnam Samuel A. Harris Greencastle. 

Eandolph Charles W. Paris Farmland. 

Eipley Charles S. Eoyce Versailles. 

Eush Abraham L. Gary Eushville. 

Scott Elijah A. Gladden Scottsburg. 

Shelby J. W. Barlow Shelbyville. 

Spencer Aquilla C. Huff Eockport. 

Starke Geo. E. Butcher Knox. 

St. Joseph Wm. Clem South Bend. 

Steuben Homer Dilworth Angola. 

Sullivan Eichard Park Sullivan. 

Switzerland David N. Hay don Vevay. 

Tippecanoe Edward C. Crider Lafayette. 

Tipton L. D. Summers Tipton. 

Union C. W. Osborne College Corner, O. 

Vanderburgh James F. Ensle Evansville. 

Vermillion Elbert E. Helt Clinton. 

Vigo Charles F. Grosjean Terre Haute. 

Wabash John W. Lewis Wabash. 

Warren Wm. J. Bader Williamsport. 

Warrick James E. Wilson Boonville. 

Washington .Joseph C. Bush Salem. 

Wayne Wm. E. Wineberg Eichmond. 

Wells Eobt. W. Stine BlufFton. 

White Thos. S. Thornburg Monticello. 

Whitley ................ .George H. Tapy .Columbia City. 



TABLE OF CONTENTS. 



PAGE. 

Introduction • • • 23 

Leffal Duties of School Officials 39 



SEC 
1 



CHAPTER I. 



CONSTITUTIONAL! PROVISIONS. 



Common schools 50 

Common School Funds 51 

Principal, a perpetual fund 52 

Investment and distribution 52 

Reinvestment , 53 

Counties — Liability 53 

Trust funds inviolate 53 

Superintendent of Public Instruction 54 

CHAPTER II. 

SUPERINTENDENT OF PUBLIC INSTRUCTION. 

9. Superintendent 55 

10. Commencement of term — Oath 55 

11. Duties- Office— Clerks 55 

12. Report to Governor 56 

13. Report to General Assembly 56 

14. Duties 57 

15. Traveling expenses 57 

16. Supervision of school funds 58 

17. May require reports 58 

18. .Blanks and forms 58 

19. Forms of bookkeeping 58 

20. Shall publish School Law 59 

21. Journals, etc., to Libraries 69 

CHAPTER III. 

STATE BOARD OF EDUCATION. 

22. State Board of Education 59 

23. Duties and powers 60 

24. State certificates 61 

25. Pay and mileage of Board 63 

(6| 



CONTENTS. 



CHAPTER IV. 

SCHOOL BOOKS. 
SEC. PAGE. 

26. State Board of Education a Board of School Book Commissioners. . 64 

27. Advertise for bids 65 

28. Open bids 66 

29. May procure manuscripts 67 

30. State not liable 68 

31. Governor's proclamation 68 

32. Trustee's duty 68 

33. Quarterly reports 69 

34. Superintendent to enter suit 70 

35. Superintendent's special bond 70 

36. Reports to contractors 70 

37. Sale for more than contract price a misdemeanor 71 

38. Embezzlement 71 

39. Appropriation — laws repealed , 72 

40. Advertise for bids 72 

41. Trustees to make requisitions first Monday of June 73 

42. Trustees to acknowledge receipt of books 73 

43. Books for poor or indigent children 75 

44. Reports to Commissioners and County Superintendent 75 

45. Appropriation 75 

46. Suit on Trustee's bond 76 

47. County Superintendent's special bond 76 

48. Superintendent's report to contractor 77 

49. Failure to report — Embezzlement 77 

50. Books to be uniformly used 78 

51. Duty of contractor 78 

52. Name and price of books on cover 79 

53. State Superintendent's duty 79 

54. Act supplemental 80 

55. Contractors to file consent 80 

56. Sale to merchants or dealers — Trustee's report 81 

57. Officers to supply sufficient books 82 

58. Duty of merchants and dealers 82 

59. County Superintendent to make report 83 

60. Officers failing to report — Right of action 83 

61. Failure to report at expiration of term — Embezzlement 83 

62. Sale for more than contract price a misdemeanor 84 

63. Contractors to file consent for revision of books 84 

64. Author to revise — County and State Superintendent to scale requi- 

sition 85 

65. Intermediate grammar or language lessons 88 

66. . State Board to meet — Notice 89 

67. Frequency of revision — Geographies 89 

68. Standard of revision — Contractor's bond 89 



O SCHOOL LAW OF INDIANA. 

SEC. PAGE. 

69. Appropi'iation 90 

70. New bond 90 

71. State Superintendent's duty 90 

72. Act supplemental 91 



CHAPTER V. 

COUNTY SUPERINTENDENT. 

73. County Superintendent , 91 

74. Eligibility , 94 

75. Impeachiuent 95 

76. Office — Supplies — Compensation 95 

77. Shall examine teachers 95 

78. May revoke license 99 

79. Examinations — License 100 

80. Eecord-book — Report to State Superintendent 100 

81. State liceiise 101 

82. Exenii.tioii from examination 103 

83. Record of examination 104 

84. Certificate from other State 104 

85. Examination for graduation 104 

86. General duties 105 

87. When must enumerate 106 

88. Cities exempt 107 

89. Annual reports 107 

90. Apportionment — Report 108 

91. Compensation 109 

92. Duty as to apportionment 109 

93. Duty as to School Fund 110 

94. Interest in private school, can not have , 110 

95. Penalty 110 

96. Duty of Prosecuting Attorney 110 



CHAPTER VI. 

COUNTY BOARD OF EDUCATION. 

97. County Board of Education „ „ , HI 

CHAPTER VII. 

ADMINISTRATION. 

98. School township 114 

99. Towns and cities 118 



CONTENTS. y 

SEC. PAGE. 

100. School Trustees in cities and towns 119 

101. Town abandoning control of school 124 

102. Conveyance to Trustee 124 

103. Charge of town schools 124 

104. Trustees' bonds — Vacancy 124 

105. Trustees manage revenues — Reports 1 26 

106. Kecord — Duty as to revenue 130 

107. Annual statement 131 

108. General duties 131 

109. Duration of school in any year 136 

110. Care and management of school property 137 

111. Superintendent in cities and towns 137 

112. Joint grade schools 137 

113. Joint school district — Petition 138 

114. Expense of establishing — Controlling school 139 

115. Expense of maintenance 139 

116. Abandonment of school district or corporation 139 

117. Consent of voters to abandonment 139 

118. Kindergartens 140 

119. Tax for kindergartens 140 

120. How collected 140 

121. Night schools 141 

122. Age of pupil 141 

123. Surplus special school revenue 141 

124. Things legalized 142 

125. Teachers' reports 142 

126. Trustees' reports 143 

127. Failure to report 144 

128. Neglecting duties 144 

129. Failing to serve 144 

130. Trustees' accounts 145 

131. Examination of Trustee and his books 145 

132. Correction of accounts — Removal 145 



CHAPTER VIII. 

TAXATION. 

133. State tax 145 

134. Uniform tax 146 

135. Special tax ' 146 

136. Assessment and collection 148 

137. Local tax for tuition 148 

138. Local tax, how applied 149 

139. Special tax to pay debts 150 

140. Tax to complete town school house and to support town schools. . . 151 



10 SCHOOL LAW OF INDIANA, 



CHAPTEE IX. 

ENUME RATION. 

SEC. PAGE. 

141. Trustee to take — His duties — Who enumerated 151 

142. Transfer 155 

143. Tuition... 157 

144. Appeal 157 

145. Payment of tuition — Refusal to make 157 

146. Eights reserved 1 58 

147. Transfer to school corporation of 100,000 158 

148. Payment of tuition 158 

149. Enumeration, where filed — Eetaking 159 

150. Township in two or more counties — Eeport 159 



CHAPTEE X. 

APPORTIONMENT OF REVENUE. 

151. To be semi-annually 160 

152. Eeports of County Auditors 160 

153. "When and what County Auditor reports 160 

154. When Congressional township divided 161 

155. Auditor failing to report 161 

156. Apportionment among counties 162 

157. Printed statement 162 

158. Payment to counties 1 62 

159. Payment of excess 163 

160. Unapportioned balances 164 

161. County Auditor's apportionment 164 

162. Interest on Sinking Fund 166 

163. Surplus Dog Tax Fund 166 

CHAPTEE XL 

SCHOOLS IN CITIES AND TOWNS. 

164. Bonds for school buildings 168 

165. Use of proceeds 170 

166. Special tax 170 

167. Condition for building 171 

168. Surplus special school revenue 172 

CHAPTEE XII. 

SCHOOL SYSTEM IN LARGE CITIES. 

169. School system 173 

170. School districts 173 



CONTENTS. 11 

SEC. PAGE. 

17J . Organization — Term — Vacancies 174 

172. Duties and powers 175 

173. Tax collection and payments 177 

174. Sessions — Record — No pay 177 

175. General School Law in force 178 

176. Temporary loans 178 

177. Bonds to pay debts 178 

178. Bonds in cities 179 

CHAPTEE XIII. 

SCHOOLS IN CITIES OF 100,000 INHABITANTS. 

179. Act of March 3, 1871, in force. 180 

180. Qualifications of commissioners 181 

181. Nomination and election 181 

182. Terms 183 

183. Organization of Board 183 

184. Committee — Salaries — Rules 184 

185. Legislative Act — Director's approval 184 

186. Officers and Teachers — Examinations 185 

187. Directors— Duties . ., 185 

188. Superintendent — Text Books— Librarian — Appointments 186 

189. Discharge of Employees 187 

190. Directors' duties— Bond 188 

191. Auditor of School Board 188 

192. Warrants 188 

193. Evidence of indebtedness 189 

194. Illegal warrant, liability 189 

195. Appropriations necessary 189 

196. Auditor's reports —Board — Pay , . 189 

197. Accountants 190 

198. Payment to Treasurer 190 

199. Contracts, appropriations for necessary 190 

200. Contracts to be in writing — Supplies 191 

201. Bids for School houses 191 

202. Funding indebtedness 192 

203. Tax levy 193 

204. School Law in force 193 

205. Old School Board 193 

206. Limit of debt 194 

207. Purchase of grounds and buildings 195 

208. Eminent domain may exercise 195 

209. Removal of Commissioner 195 

210. Levy to pay debts 196 

211. Subsequent censuses 196 

212. Manual Training School 196 

213. Teachers and Instructions 196 

214. Tax to support Schools 197 



12 SCHOOL LAW OP INDIANA. 



CHAPTER XIV. 

SCHOOLS IN CITIES OF 45,000 TO 55,000. 

SEC. PAGE. 

215. School Corporation 197 

216. Powers of School Board 198 

217. Buildings— Bonds 198 

218. Special tax 199 

219. Proceeds of bonds 199 

220. Population 199 



CHAPTER XV. 

SCHOOLS AND SCHOOL HOUSES. 

221. Bible 200 

222. Uniformity as to time —Numbering 201 

223. Calendar 202 

224. Colored children 202 

225. Indigent children 203 

226. Appropriations for indigent children 203 

227. Branches taught 204 

228. Effect of alcoholic drinks and narcotics 205 

229. Teachers examined concerning 206 

230. Failure to teach effects — Dismissal 206 

221. Voters' meetings — School directors 206 

232. Other meetings — Powers 207 

233. Estimate of expense 209 

234. Changing site of school house 209 

235. Notice of petition to change 210 

236. Misdemeanor 211 

237. Doors must swing outward 211 

238. Teachers, employment and dismissal 211 

239. Terms for which teachers may be employed 216 

240. Blanks to be uniform 215 

241. Teacher's daily wages 215 

242a. Teacher's contracts to be in writing 216 

242. Penalty against school officers 216 

242a. Terms for which teachers may be employed 216 

243. Special examination 216 

244. Director's duties 217 

245. He has charge of the school house 217 

246. Visits school — May exclude pupil 217 

247. Appeal to teacher : 219 

248. Insulting teacher 219 

249. Title to school property 219 

250. Use of school house 220 



CONTENTS. 13 

SEO. P^SE. 

251. Use of school house ,. » • = • • • • 221 

252. School house, when sold • 2fi2 

253. School house in annexed territory • 22-2 

254. Pay for school house in annexed territory .- 223 

255. Donations and bequests 224, 

256. Majority of voters 224 

257. Sale of bonds , • 225 

258. Donations may be made to school corporations 225 

259. Conditional gift '- ^5 

260. Income from gifts, how used • • 2-26 

261. 'Trustee for gift— Powers 226 

262. Identity of gift not to be lost • 227 

263. Site for school house— Eminent domain 227 

264. Appraisers 228 

265. Appraisement — Payment 228 

CHAPTER XVI. 

teachers' institutes. 

266. Township institutes 22,9 

267. County ins^tutes _ 23D 

268. Schools closed - 230 

269. Sessions • • 2^30 

CHAPTER XVII. 

FREE LIBRARIES. 

270. Public library commission 231 

271. Duties — Traveling libraries 231 

272. Purchase of books — Appropriation ;-..-. 232 

273. Library association 232 

274. lAnnual appropriation — Expenses 232 

275. Advice 233 

276. Traveling library tax 233 

277. Township library board 234 

'M%. Official documents 235 

279. Members of Commission not to be publisher 235 

280. Bspealiing section , < 235 

281 . In cities and towns 23&^ 

282. Librai-ies in certain cities • 235 

283. Tax to maintain 236 

284. Real estate 236 

285. Real estate for libraries • • ■ 2§6 

286. School and library tax in cities of 30,000 237 

287. County Treasurer reports to Board of School Commissioners 238 

288. County Treasurer's credits 239 



14 SCHOOL LAW OF INDIANA. 

SEC. PAGE. 

289. Schools and library tax in cities of 15,000 and 30,000 239 

290. Payment of bonds 240 

291. City and town tax for library — Subscriptions 241 

292. Subscription filed with Clerk of ("ircuit Court 242 

293. Members of librai-y board appointed — Qualifications 242 

294. Certificate of appointment — Oath 243 

295'. Organization 244 

296. Library Board — Powers 244 

297. Subscriptions collected — Building — Tax 244 

298. Tax, how used 245 

299. Use of library — Certificate of membership— Township may use . , . 245 

300. Donation of library 246 

301. Removal of members of board 247 

302. Treasurer's report 247 

303. Eepealing section 247 

304. Libraries in cities of 3,500 to 4,000 248 

305. Acceptance of library 248 

306. Payment of taxes 249 

307. Privileges of library 249 

308. Eemoval of Directors 249 

309. Library fund 249 

310. Township Trustee in charge 250 

311. Trustee's duties 250 

312. Use of books 250 

313. Where kept 250 

314. When open 250 

315. Tax lev}' for library 251 

316. Office of librarian abolished 251 

317. Library discontinued 251 

318. Legalizing section 252 

CHAPTEE XVIII. 

HISTORICAL SOCIETY. 

319. Appropriations out of county treasury — Eooms and vaults 2-52 

320. Society discontinued, efTect 253 

321. Moi"e than one society in county 253 

322. Control of rooms and vaults 254 

323. Control of rooms after society discontinued 254 

CHAPTEE XIX. 

GENEKAI. PROVISIONS. 

324. Suits, how brought 255 

325. Costs 255 

326. Process, how executed 255 



CONTENTS. • 15 

SEC. PAGE. 

327. Appeals from Township Trustee 256 

328. Appeals from County Superintendent 257 

329. Oaths 258 

330. Women eligijDle to school office 258 

331. Bond binding 259 

332. When Township Trustee elected 259 

333. County Commissioners fill vacancy 25.9 

CHAPTER XX. 

COMPULSORY EDUCATION. 

334. All children must attend school — Age 260 

335. County Truant Officers— Duties — Misdemeanor. 260 

336. Truant Officers in cities and towns 261 

337. Compensation of Truant Officers 261 

338. Eeports 262 

339. Poor children, assistance 262 

340. '^Parental Home" — Incorrigible child 263 

341. Confirmed truant 263 

342. Tax 263 

343. Bliumeration 263 

344. Names of children furnished Truant Officers 264 

345. Laws repealed 264 

CHAPTER XXI. 

TOWNSHIP ADVISORY BOARD. 

346. Advisory Board 264 

347. Tax payers may attend 266 

348. Annual meetings, expenditures and levy 266 

349. Estimate of Expenditures 267 

350. Compensation of Board, if desired 

351. Special meetings of Board 

352. Finaiicial record 

353. Annual settlement with the Board 270 

354. Trustee's term 272 

355. New School house— School supplies 272 

356. Trustee's pay 273 

357. Contracts void 273 

358. Appointment of first members of Board 273 

CHAPTER XXII. 

THE FUND. 

359. What constitutes 275 

360. Estrays and property adrift 277 



268 
268 
269 



16 SCHOOL LAW OF INDIANA. 

SEC. PAGE. 

'361. Counties liable 277 

.362. Account of fund : 378 

363. Custody of lands 279 

,3'64. Leasing lands 280 

'365. Divided school sections 281 

366. Boundaries of townships 281 

367. School townsh-ip, wlaen county lines divide 2S1 

368. Auditor's statement as to children 2,82 

'369. Auditor's duty 282 

370. Account and distribution 282 

371. Duties of the other Auditor 283 

?S%. AccouiTt — Keadjustment 283 

378. Power of. Tinistee 284 

374. Sale of school lands 284 

375. Pl-oceedings to sell 284 

376. Ballots 284 

377. Results of election 285 

378. CertSlicate of vote 285 

379. Trustee's duty 285 

380. Order and conduct of sale 285 

881. Terms of sale— Timber 286 

382. Forfeiture— Re-sale . . . - 287 

883. Forfeiture, how prevented 287 

384. Forfeiture — Liability for waste .' 288 

885. Suit for waste 288 

386. Private sale 288 

3'87. Reappraiseinent 288 

3'88. Advertisement of funds 288 

389. Reappraisement of forfeited lands , 289 

890. Appropriation by Commissioners 28T) 

391. Certificate of purchase 289 

892. Rights of purchase 290 

393. Failure to make first payment — Penalty 290 

394. Assignment 290 

395'. Defective assignments — Proceedings 290 

896. Loan of purchase money 291 

397. Payment 291 

398. Lost certificate 291 

399. Purchase money, where paid 292 

400. Duty of Auditor 292 

401. Deed 292 

402. Sale— Legalization 292 

403. Title, when complete 293 

404. Sale had without vote 293 

405. Compensation on failure of title 293 

406. Lands of surplus revenue fund, how sold 294 

407. Interest — Judgment 294 

408. Advertisement of funds 294 



CONTENTS. 17 

SEC. . PAGE. 

409. Bulletin board of loans 295 

410. Auditor's duty 295 

411. Appraisement 295 

412. Duty of appraisers 296 

413. Loans outside of county 296 

414. Loan of School and University Pounds 297 

415. Limit of loan 297 

416. Percentage of value of loan . 297 

417. Length of time. '. 297 

418. County may borrow 298 

419. Note of county — County Council , 298 

420. Auditor's warrant 298 

*421. Eate of interest , 299 

422. Payment of loan . . . , 299 

423. Transfer from one county to another . . ■. 299 

424. Certificate as to liens 299 

425. Oath of applicant . ,, 300 

426. Time of loan 301 

427. Limit of loan 301 

428. Acknowledgments and oaths . 302 

429. Record of mortgages^-Priority 302 

430. Auditor's duty. 302 

431 Fees , 303 

432. Interest unpaid — Auditor's duty 303 

433. Collection on default 303 

4.34. Fiind to be specified. , 304 

435. Form of mortgage 305 

436. Form of note 306 

437. Warrant to borrower. 306 

438. Payments— Quietus •. 306 

439. Indorsements and satisfaction 307 

440. Suit for deficiency 307 

441. Notice of sales 307 

442. Manner of sale— Surplus 308 

443. Auditor's bid 310 

444. Sale of lands bid in 311 

445. Eeappraisemeut of forfeited lands 311 

446. Appropriation by Commissioners 312 

447. Deed by Auditor , 312 

448. Statement of sales 313 

449 Title in State without deed 313 

450. Conveyance to County 313 

451. Suit to foreclose 313 

452. Purchase by County 314 

453. Lease of land purchased 314 

454. Sale of land — Appraisement 314 

455. Deeds 315 

456. Sales legalized 315 

2— ScH. Law. 



18 SCHOOL LAW OF INDIANA. 

SEC. PAGE. 

457. Act supplement nl 315 

458. Cancellation of iMortgages 316 

459. Annual report 316 

460. Duty oi Boards 317 

461. Board's report 317 

462. Disposition of repoil 318 

463. Apportionment of loans 318 

464. Miscellaneous school fund account 318 

465. Distribution and report 319 

466. Penalty againaj Auditor 319 

CHAPTER XXIII. 

STATE NORMAL f^CHOOI.. 

467. Established 32o 

468. Trustees — Corporate na-.e 320 

469. Term of office— Vacanci; ; 320 

470- Organization — Officers ■ , 321 

471. Donations 321 

472. Location 321 

478. Contract for building 321 

474. Model school 322 

475. Duty of Trustees 322 

476. Conditions of admission 322 

477. Tuition fee .' 323 

478. Principle of management 323 

479. Eeports 323 

480. Board of Visitors - 323 

481. Certificatfes — Diplomas 323 

482. Pay of Trustees , 324 

483. Pay of Treasurer and Agent 324 

CPIAPTER XXIV. 

INDIANA UNIVERSITY,. 

484. Recognized , 325 

485. Tax for Endowment Fn.iid 325 

486. Application of fund ■. . 326 

487. Bond of State 326 

488. Loans by State Auditor 327 

489. Mortgages taken by State Auditor 327 

490. State may borrow fmid 327 

491. Trustees — Co^'porate name — Offi.cers — Powers 328 

492. The first Trustees 328 

493. The first meeting 329 



CONTENTS. 19 

SEC. PAGE. 

494. Vacancies 329 

495. Pay of Trustees 329 

496. Trustees of Indiana University 329 

497. Trustees' terms expiring 1891, successors 329 

498. Trustees' terms expiring 1893, successors 330 

499. Eegistry of Alumni > 330 

500. Nomination of Trustees 331 

501. Annual meeting of Alumni 331 

502. Method of voting by Alumni , 331 

503. Annual meeting 332 

504. Quorum — Temporary, appointments „ . . . 332 

505. Seminary township 332 

506. Interest on loans : 332 

507. Faculty— Powers - 332 

508. No religious qualitications 333 

509. No sectarian tenets 333 

510. County students 333 

511. Notice to counties 333 

512. Treasurer's bond 333 

513. Board of Visitors 334 

514. Visitors not attending, to be reported 334 

515. Duties of Visitors 334 

516. Duties of Secretary 334 

517. Duties of Treasurer 334 

518. Eeport to State Superintendent 335 

519. Lectures by faculty 335 

520. Geological examinations and specimens 335 

521. Printing annual I'eport 336 

522. Contents of report 336 

523. Notice of sessions 336 

524. Buildings and repairs 336 

525. Normal department , 337 

526. Agricultural department ., 337 

527. Scholarships transferable 337 

528. Perpetual scholarships 337 

529. Library 337 

530. State Geologist 338 

531. Fund, how derived — Loans , 338 

532. Auditor of State to loan— Duty 338 

533. Form of mortgage 339 

534. Form of note , 339 

535. Loans — Security 339 

536. Interest 339 

537. Priority of mortgage 340 

538. Recording of mortgage 340 

539. Certificate as to liens 340 

540. Abstract of title 340 

541. Auditor's duty 340 



20 



SCHOOL LAW OF INDIANA. 



SEC. PAGE. 

542. Payment. ■ -. 340 

543. Satisfaction 341 

544. Loans, how collected 341 

545. J udgment 341 

546. Notice of sale 341 

547. Sale 341 

548. When Auditor to buy— Re-sale 342 

549. Limit of bid— Overplus 342 

550. Statement of sale 342 

551. Title in State, without deed ^, 342 

552. Sale for cash — Certificate 342 

553. Sale on credit 342 

554. Fees and damages 343 

565. Accounts — Reports 343 

556. Accounts with borrowers 343 

557. Interest, when loaned 343 

558. Unsold lands 343 

559. Certificates of payment — Patent 344 

560. Leases . 344 

&61. Commissioners' report 344 

562. Commissioners' duty 344 

5G3. Pay of Commissioners 345 

564. Patents, and recording 345 

565. Pay for managing fund 345 

566. Extension of payments : . . . 345 

567. Forfeiture, how prevented ...... 345 

568. Forfeited lands 345 

569. Appraisement of lands 346 

570. Where filed and recorded 346 

571. Duty of County Auditor 346 

572. Notice of sale 346 

573. Sale 347 

574. Terms of sale 347 

575. Private entry ■ 347 

576. Certificate of purchase 347 

577. Certificate to be registered 348 

578. Certificate assignable 348 

579. Forfeiture 348 

580. Surplus . . . , 348 

581 . Forfeiture, how prevented 348 

582. Land, how redeemed 349 

583. Security 349 

584. Suit for waste 349 

585. Patent, on full payment 349 

586. Auditor's report 350 

587. Treasurer's report 350 

588. To pay money to State Treasurer 350 

589. Pay of Auditor and Treasurer 350 



CONTENTS. 21 

SEC. PAGE, 

590. Loans 350 

591 . Disposition of proceeds 351 

592. Eeport of sales 351 

593. One Trustee to attend sales 351 

594. No member to deal in the lands 352 

595. Trustees to get information 352 

596. State Treasurer collects loans 352 

597. County Auditors loan , 353 

598. Auditor of State can not loan 353 

599. Counties pay interest 353 



CHAPTER XXV. 

PURDUE UNIVERSITY. 

600. Agricultural college scrip 354 

601. The first Trustees, and original name 354 

602. Sale and investment of scrip 354 

603. Donations accepted 355 

604. Location 355 

605. Purdue University — Permanent name 355 

606. Corporate name — Powers and duties of Trustees 356 

607. Dedication of street 356 

608. Power to dedicate 357 

609. Privileges of John Purdue 357 

610. Amendment or repeal 357 

611. Appointment of Trustees 357 

612. Term of ofKce 358 

613. Vacancies, how filled 358 

614. Officers — Treasurer's bond and duties 358 

615. County students 359 

616. Students 359 

617. Investment of fund '. 359 

618. Gift to establish Institute of Technology . 360 

619. Farmers' Institutes 361 

620. Time and place of holding Institutes , 361 

621. Appropriation , 361 

622. Acceptance of United States grant ■ 361 



CHAPTEE XXVIo 

TAX FOR INDIANA AND PURDUE UNIVERSITIES AND STATE NORMAL SCHOOL. 

623. Amount of tax—Division 362 

624. Repeal of General appropriation — Permanent fund not affected. . . 363 



22 SCHOOL LAW OF INDIANA 



CHAPTEE XXVII. 

STATE LIBRARY. 

SEC. ^ PAGE, 

625. Management 364 

626. Election of Librarian 364 

627. Term of office 364 

628. Bond of Librarian 364 

629. Library — When to be open 364 

630. Eemoval of books forbidden 365 

631. Who may use library 365 

632. Use jiot transferable — Penalty 365 

633. Catalogue 365 

634. Fines 366 

635. Purchasing Board — Appropriation 366 

636. Laws and law books 366 

637. Collection and binding of documents 366 

638. Preservation of laws and journals 367 

639. Legislative papers 367 

640. Exchanges 367 

641 . Embezzlement 367 

642. Missing books 368 

643. Salaries 368 

644. Keport 368 

645. Removal of Librarian or Assistants 368 

646. Kemoving books — Misdemeanor 368 

647. Injury to books — Penalty 368 

APPENDIX. 
THE CONSTITUTION OF THE STATE OF INDIANA OF 1851. 

648. Constitution 369 

649. Index to Constitution 404 

ADDENDUM. 

650. . Voters at district meetings 416 

651. Traffic in questions w 416 



L INTRODUCTION. 



A HISTORY OF THE SCHOOL SYSTEM. 

INDIANA COMMON SCHOOL SYSTEM. 

It was on the 10th day of October, 1780, that tlie corner-stone of our Terri- 
torial system was laid, by the adojJtion of a resolution in the Continental Congress, 
which declares "that all Territorial lands shall be disposed of for the common 
benefit of the United States, and shall be settled and formed into distinct republi- 
can States, which shall become members of the Federal Union, and have the same 
rights of sovereignty, freedom and independence as the other States." 

It was this resolution that Maryland, one of the landless States, had been 
contending for before she would formally adopt the Articles of Confederation, and 
thereby become one of the "Original Thirteen States." 

Perhaps no single act has so far exceeded the expectations of its promoters as 
has this act of Maryland's refusing to ratify the Articles of Confederation, which 
compelled the Congress to invent the Territorial policy, fraught with such results. 

In 1783, when a treaty of peace was entered into between the United States and 
Great Britain, the skillful diplomacy of Jay, Franklin and Adams gave to us the 
territory conquered through the untiring energy of George Rogers Clark, and the 
boundary of the United States was made the Mississippi on the West and the great 
lakes on the north. 

In 1783 the Legislature of Virginia passed " an act to authorize the delegates 
of Virginia in Congress to convey to the United States, in Congress assembled, all 
the right of this Commonwealth to the territory northwestward of the river Ohio." 
This deed was signed by Thomas Jefferson, Samuel Hard, Arthur Lee and James 
Monroe, and the Continental Congress accepted the same. It was Jefferson who 
had so earnestly supported Clark's efforts, and who had done much to urge Vir- 
ginia in her magnanimous gift to the United States. He drafted the first ordi- 
nance for the government of this territory, and he might have succeeded in having 
the "ordinance of 1784" adopted had he not been so radical on the slavery ques- 
tion. 

In a letter to Madison he wrote : "The curse of slavery must riot be allowed 
to extend to new territory," and he proposed in the "ordinance of 1784" that 
slavery be prohibited south of the Ohio River as well as north of it, and to this 
his own State would not accede. But this prepared the way for a greater ordi- 
nance, that of 1787, and as Jefferson had been sent abroad there is no evidence 
that he was in any way interested in its preparation or adoption. 

The Continental Congress, with hardly enough vitality left to complete its 
brief work, was driven into the passage of this famous piece of legislation, the 
ordinance of 1787, by a few delegates who had remained in session at New York, 
and which stands out as the most brilliant achievement of that remarkable body, 



24 SCHOOL LAW OF INDIANA. 

excepting, perhaps, the Declaration of Independence. The necessity of the pass- 
age was revenue for the General Government, but its most memorable provisions 
were those relating to hnman rights ; ordaining religious freedom, offering security 
to both person and property, encouraging education, and dedication of the soil to 
freedom forever. Madison said of it that it was the exei-cise of national sover- 
eignty without the shadow of constitutional authority. "Religion, morality and 
knowledge being necessary to good government and the hajjpiness of mankind, 
schools and the means of education shall be forever encouraged." So familiar 
have these words become in the Northwest that every State that has been organ- 
ized since that time felt under obligations to carry out this provision. The prin- 
ciple of reserving one or more sections has been followed by every State since 
then (excepting West Virginia), and in some very liberal donations have been 
made looking toward the founding of a large permanent school fund. It was not 
till 1795, when General Wayne made his famous treaty with the Indians, that the 
lairds within the boundaries of Indiana were open to peaceful and permanent set- 
tlement. 

In 1800 Indiana Territory was formed. In 1804 Congress passed an act enti- 
tled "An act making provision for the disposal of the public lands in three land 
districts, viz. : Detroit, Vincennes and Kaskaskia." In 1805 the Detroit district 
became the Territory of Michigan ; in 1809 Kaskaskia became Illinois, and In- 
diana assumed her present size. 

THE FIRST PUBLIC SCHOOL A UNIVERSITY. 

The act of 1804, above referred to, provided for the sale of certain lands 
" excepting section numbered sixteen, which shall be reserved in each township 
for the support of schools within the same ; also, of an entire township in each of 
the three districts, to be located by the Seci'etary of the Treasurv for the use of a 
seminary of learning." Albert Gallatin, then Secretary of the Treasury, located 
"township 2 south, range 11 east," now in Gibson County, Indiana, for the use of 
a seminary of learning, as required by this act. 

The act that lies at the foundation of our common school system, and therefore 
vitally important here, is the Territorial act of the First General Assembly of the 
Territory of Indiana, held at Vincennes, entitled "An act to incorporate a Uni- 
versity in the Indiana Territory." This act was approved by Governor William 
Henry Harrison, November 29, 1806. 

The Legislative Council then enacted "that a University to be called and 
known as the Vincennes University" should be established, and it elected a Board 
■ of Trustees, consisting of twenty-three members, of which Governor Harrison was. 
made President. 

The act provided that the Trustees were to establish as speedily as possible 
such University and to appoint a President to govern it, and four professors "for 
the instruction of youth in Latin, French, Greek and English languages, mathe- 
matics, natural philosophy, logic, rhetoric, and the law of Nature and nations." 

It was further provided that no particular tenets of religion should be taught 
in said University, and, whenever the funds of the University permitted, all 
students were to be educated free of charge. 

The establishment of a separate institution far the education of women and 
the raising of funds through a system of lotterie.s we.i^e ^],so a,utho.me<do 



IJttroduction. 25 

Vincennes University was the first institution under the act of the Territorial 
Assembly, as it was the first institution of learning in Indiana. The seminaty 
township reserved by Congress in 1804 was given to it, and it was also empowered 
to sell four thousand acres and to receive bequests. 

Some time was necessary for the Board of Trustees of Vincennes University 
to make arrangement for the opening of the school, and it was not until 1810 that 
the school was ready for students. Samuel Scott was its first President, he having 
been called to that position unanimously, as he had made somewhat of a reputa- 
tion in Vincennes as the principal of a private school established two years prior 
to that time. The University of Vincennes was in continuous existence till 1825, 
when the Legislature converted it into a county seminary. 

The State gave it no support by taxation, and in 1822 passed an act which 
practically confiscated all the lands belonging to the Vincennes University. 
Something over 15,000 acres of land in the seminary townships of Gibson and 
Monroe counties were sold and the proceeds turned into the State Treasury. In 
1838 the Legislature resuscitated the old corporation of this University, but in- 
serted a clause intended to prevent a renewal of claims taken from it in 1822. 
The suit of 1846 covered all the points at which the State and Board of Trustees 
were at variance. In 1846 the Legislature of Indiana authorized "the Trustees 
of Vincennes University to bring suit against the State of Indiana " to test the 
question of the title to lands held by the several purchasers in Gibson and Monroe 
counties. 

The case went to the Supreme Court of the United States, where a judgment 
favorable to the University was obtained, amounting to a little over $50, 000. 
After the reorganization according to the enabling act of 1838 and the long period 
of litigation, the year 1853 found Vincennes University again readj to open its 
doors to students. 

FURTHER TERRITORIAL LEGISLATION. 

Another Territorial act relating to schools was passed in 1808, and provided 
that school lands might be leased for a period not to exceed five years, at the dis- 
cretion of the County Courts. The lessee was required to put under cultivation 
not less than ten acres in each quarter section. 

In 1810 still another Territorial act was passed, in which the County Courts 
were required to appoint trustees of school lands — one to each Congressional 
Township — and the lease provided for in the act of 1808 was modified so as to 
limit the amount of land that any one person might lease to 160 acres, and the 
destruction of timber was jprohibited. 

When the enabling act of Congress was passed and the State Convention held 
at Corydon June 10 and 29, 1816, a Constitution was adopted. The ninth article 
of it requires the General Assembly "to provide by law for the improvements of 
such lands as are, or hereafter may be, granted by the United States to this State 
for the use of schools, and to apply any funds which may be raised from such 
lands, or from any other quarter, to the accomplishment of the grand object to 
which they are or may be intended." 

In section 2 it is made "the duty of the General Assembly to provide by law 
for a general system of education, ascending in a regular gradation from township 
schools to a State University, wherein tuition shall be gratis and equally open to 



26 SCHOOL LAW OF INDIANA. 

all." The money paid by persons exempt from military duty, except in times of 
war, was to go to the schools, and so were all fines. 

Section 5 is as follows: "The General Assembly at the time it lays off a new 
county shall cause at least 10 per cent, to bje reserved out of the proceeds of the 
sale of town lots in the seat of justice of such county for the use of a public library 
for such county; and at the same session they shall incorporate a library company, 
under such rules and regulations as will best secure its permanence and extend 
its benefits." 

In 1849, when the Legislature had voted to submit the question of a constitu- 
tional convention to the people, a new generation had come upon the scene, and 
a new Constitution was as strongly urged by the friends of education as by those 
of commercial and political interests. Not so much because the constitutional 
provision of 1816 was at fault, but because no school system had been perfected 
under it. 

On the 7th of October, 1850, the constitutional convention met, and February 
10, 1851, the new Constitution was completed. It was accepted by the people by 
a vote of three for it to one against it, and on November 1, 1851, it went into 
eflfect. It requires "the General Assembly to provide by law for the general and 
uniform system of common schools, wherein tuition shall be without charge and 
equally open to all". 

The second section of Article 9 is as follows: "The common school fund 
shall consist of the Congressional township fund and the lands belonging thereto, 
the surplus revenua fund, the Saline fund and the lands belonging thereto; the 
bank tax fund, and the fund arising from the 114th section of the charter of the 
State Bank of Indiana; the fund to be derived from the sale of county seminaries, 
and the moneys and property heretofore held for such seminaries; from the fines 
assessed for breaches of the penal laws of the State, and from all forfeitures which 
may accrue; all lands and other estate which shall escheat to the State for want 
of heirs or kindred entitled to the inheritance; all lands that have or may here- 
after be granted to the State when no special purpx)se is expressed in the grant, 
and the proceeds of the sales thereof, including the proceeds of the sales of the 
swamp lands granted to the State of Indiana by the act of Congress of the 28th of 
September, 1850, after deducting the expense of selecting and draining the same; 
taxes on the property of corporations that may be assessed by the Genera] 
Assembly for common school purposes." 

The principal of tiie common school fund can not be diminished, and the 
income must go to the schools. 

The funds are to be properly invested, the couities are !:nade liable for the 
moneys intrusted to them, and are responsible for the payment of the annual 
interest. Trust funds are to be preserved inviolate and devoted exclusively to 
school purposes. It is made the duty of the Legislature to provide for the election 
of a Superintendent of Public Instruction. 

The first act relating to schools was passed December 24, 1816, and provided 
"For the appointment of a School Superintendent of the school section in each 
congressional township." The duty of this oflficer was to lease the lands for a term 
of years in order to have them improved, which proved an advantage to the fund 
when these lands were offered for sale. This same act also provided "that by the 
petition of twenty householders in any congressional township, there should be an 
election of three Township Trustees for school purposes." No funds were avail- 



INTRODUCTION. 27 

able at this time for the use of the schools, so these Trustees could do very little, 
although the law gave them wide discretionary power. 

The legislation so far had awakened an interest that crystallized into a 
resolution passed January 9, 1821, appointing a committee of seven to prepare 
"for the next session of the General Assembly a bill providing for a general State 
public school system." 

The report of this committee was not completed till 1824, wlieu it took the 
form of a bill, which was almost wholly the work of Benjamin Parke. 

The act was entitled, "An act to incorporate Congressional Townships, and 
providing for public schools therein." 

The three Township Trustees were continued, who had charge of school lands 
and school funds, and who were empowered to divide their townships into districts 
and to appoint sub-trustees in each. They were also authoi'ized to examine 
teachers, establishing the theory that some sort of a test is necessary for those 
desiring to teach in the public schools. School buildings were to be erected by 
the people of the district, and the law levied the tax for that purpose in the shape 
of manual labor. . 

The application of this law principle, as established by the courts, gave us a 
fund now called special school revenue. 

Authority to sell the school lands was subsequently obtained from Congress, 
and in 1831 an act supplemental to the one of 1824 was enacted, adding a School 
Commissioner to the official list of school officers of each county who was to act as 
a sort of a financial agent for the local school corporations. 

When a school had been opened the voters of a school district were to decide 
how much local tax, if any, should be levied, the length of sdiool term, but this 
provision was made absolutely ineffective by providing "that no person shall be 
liable for tax who does not wish to participate in the benefits of the school fund." 

Further encouragement was given the cause of education by Congress in 1832 
in removing the restrictions thrown around the grant of the salt lands granted to 
the State of Indiana in 1816, so that in 1833 the State Legislature proceeded to 
sell the same, "the proceeds of which shall be appropriated to the support of 
common schools." 

This was the first positive recognition of the principle of State responsibility 
for the education of its children. 

The law of February 2, 1833, was by far the most elaborate that had been 
enacted, containing 205 sections. The School Commissioner of each county and 
three trustees in each township were retained, and three sub-trustees in each dis- 
trict were required. 

The enumeration of school children was required to be taken, dividing them 
into three classes: (a) Those under five years of age, (b) those between five and 
fourteen years of age, (c) those from fourteen to twenty-one. 

The local idea prevailed largely throughout this law, as the district trustees 
might call meetings of the inhabitants for counsel, and upon petition of five 
householders they were required to do so. Whatever was determined upon by 
such meeting must be carried out by the district trustees. No discretionary 
power was allowed them. 

Since the provisions were optional, we are led to believe that the State's sys- 
tem of internal improvements of 1831-37 had so burdened the people that the 
cause of education was greatly neglected, and that the dread of taxation practi- 
cally made the operation of the school law a nullity. 



28 SCHOOL LAW OF INDIANA. 

Incompetent teachers through the so-called examinations held by the d«istTict 
trustees under this law brought reproach upon the Indiana schools at home and 
distrust abroad. But February 6, 1837, this was, in a measure, remedied by the 
enactment of another law similar in its main features to the one of 1838, except- 
ing there were three examiners appointed by the Circuit Court, and though this 
was far from what it should have been, it was a long step in advance, establishing 
the recognized principle of later years "that any movement toward bettering the 
schools must primarily regard the improvement of the teachers." It was in this, 
the examination and employment of teachers,' that a school law first became 
mandatory. 

On the 7th of December, 1841, Governor Bigger, in his message to the Gen- 
eral Assembly, recommended the appointment of an agent to look into and report 
the condition of the school funds of the State. In 1843 the Treasurer of State was 
denominated a Superintendent of Common Schools. He was instructed to prepare 
a report to the General Assembly embodying the following points : (1) The con- 
dition and amount of school funds. (2) The condition of colleges. (3) The con- 
dition of county seminaries. (4) The number and condition of. common schools. 
(5) Expenditures of school revenues. (6) Plans for the management of the school 
funds and the better organization of the common schools, and (7) general recom- 
mendations. 

As the members of the General Assembly were gathering at the capital in 
December, 1846, there appeared in the columns of the Indiana State Journal of 
December 7, a "message " from " One of the People." It took the dignified tone 
of a Governor's message, and startled all with brilliant rhetoric and attractive 
array of figures. Its author had come into the State from the East in 1833, and 
during all these years he had made a careful study of the public school problem, 
noting that none of the legislative enactments had met the expectations of the 
friends of popular education. 

So full of helpful suggestions was the paper that Governor Whitcomb voiced 
its sentiments in his official communication. - 

The author was Prof. Caleb Mills, and in this "message" and the five which 
followed he discussed the educational needs of Indiana, emphasizing: (1) Want 
of competent teachers. (2) Need of suitable texts. (3) Lack of interest through- 
out the community. (4) Want of funds. And recommending: (1) General tax- 
ation for the support of the school. (2) Distribution of funds according to the 
school census. (3) Intelligent supervision. 

"In May, 1847, a public meeting of the citizens of Indianapolis was held, at 
which a committee was appointed, consisting of Ovid Butler, Henry Ward Beecher 
and John Coburn, to provide for a general convention of the State's educators and 
the friends of education," says Professor Boone in his "History of Education in 
Indiana." " A circular was issued, including extracts from the recent report of 
the Superintendents of Common Schools, and a call for a meeting on May 26, 1847. 
This was the first of a series of 'State common school conventions,' without an 
understanding of whose influence any study of the next ten years of school agita- 
tion would be only superficial. Their deliberation determined legislation, edu- 
cated public sentiment, conducted campaigns, and generally reformed the system 
as no individual could have done," continues Professor Boone. " The convention 
of 1847 was presided over by the Hon. Isaac Blackford, continued its session for 
three days and represented in its attendance of three hundred the best thought 



INTRODUCTION. 29 

and the philanthropy of the State. Two committees were appointed — one to lay 
before the Legislature a typical bill, the other to prepare an address to be pub- 
lished and distributed to the people. The committee on legislation, at a conven- 
tion of educators and members of the Assembly, held in the House of Representa- 
tives December 8, 1847, made, through Judge Kinney, a statement of its general 
provisions." The convention in discussing the provisions of this bill agreed upon 
a suggestion that an election should be held and a vote taken upon the question 
of free schools, to be in connection with the Presidential election of 1848. Instead 
of passing the bill recommended by the committee on legislation, one referring 
the question of free, schools to a vote of the people was enacted. 

A vigorous campaign was made by the friends of education, in spite of the 
many issues of a somewhat remarkable Presidential campaign, and the act was 
adopted by a large majority. 

On January 16, 1849, the fifth general school law had passed the General 
Assembly, and on the 17th the Governor's signature was attached. The forward 
steps taken in the law were the recognition of public taxation for the supj)ort of 
schools, making the township the unit for the distribution of the funds and the 
length of term, both of which are retained in our school law of to-day — the latter 
a phase distinctively Indianian, and of which we are justly proud. 

The errors of that law are shown in section 29, making the public schools 
subordinate to pi'ivate schools, and section 31, where a ratification of the law was 
necessary to make it binding upon counties. After the question had once been 
submitted to the people and by a large majority, an expression was given author- 
izing the General Assembly to enact certain laws, why that body did not have the 
courage to enforce such acts is a question that can not be fully answered, but it 
shows an utter want of courage on the part of our law-making body. 

The whole question had to be ojiened up, and the friends of education were 
active, aggressive, and in the end successful, but the adoption did not depend 
upon the vote of the State, but of counties, some of which never assented to the 
law of 1849, but worked under the old law. 

The difficulties that would have arisen out of such an anomaly can not now 
be approximated, but relief canie soon. Two days prior to the passage of the 
educational bill, the Legislature voted to submit the question of a constitutional 
convention to the people. The constitutional convention met, and in it were 
many friends of education, whose work has been mentioned before, and whose 
success is manifest in the Constitution which they framed. It was at this time 
that Professor Mills' sixth "message" was issued, and the only one that received 
official recognition. Five thousand copies were ordered by the State Senate to be 
printed for distribution, thereby extending the influence of this helpful agent 
throughout the State. 

The new Constitution having now gone into effect, a radical change had been 
made in the educational pi'ovisions. To solve the problem was the great difficulty 
with which the Legislature of 1852 had to wrestle. After the enactment of the 
law of 1852 came the interpretation of it by the courts as to the constitutionality 
of certain sections. This required time, and for some years little, if any, advance 
was made along the line of a permanent educational policy of the State. 

The agitation of the slavery question and the Civil War still farther delayed 
matters, but the law of 1852, remodeled in the light of the several decisions of the 
courts, was embodied in the act of 1865, the last exhaustive statute on the subject 



30 SCHOOL LAW OF INDIANA. 

of education. This, as amended to date, with a few supplemental sections and 
acts, the most important of which are the act establishing the State Normal School 
(1865), and that creating the county superintendency (1873), and the school 
text-book law ( 1889 ) constitute the school law of Indiana. 

Indiana's ancestry. 

A close analysis of civilization will reveal the fact that there are four funda- 
mental instittitiens through which the development of any people has been made, 
viz. : The family, the church, society and the State. Every fact of history, bears 
directly upon one or more of tl>ese, and a study of history is simply a study of 
the development of these factors of civilization. Even in literature, where the 
author's ideal more nearly approaches the truth, perhaps, we see in the "plot" 
simply a development of one or more of these same essential elements. The 
growth of the Indiana school system follaws closely these same fundamentals, and 
we shall now attempt to trace them from the conception to the present time. In 
discussing any historical fact connected with any State we must begin with the 
two typical colonies of Eevolutionary fame. 

The two leadimg States of the American confederation, in population and 
force of ideas, were without question the two oldest — Virginia and Massachusetts. 
Situated so far apart, and with coordinate rather than conflicting material in- 
terests, they came tt)gether without a serious thought of rivalry. Both were 
drained heavily for the cost of the Eevolutionary War, but both remained stead- 
fast to the American cause and to one another. The soil of the one State drank 
the blood of the Eevolutionv and>that of the other the last. The social conditions 
of these two commonwealths were very different. 

THE "^EV^ ENGLAND CHARACTER. 

In Massachusetts appeared the fullest type of the New Englander, or 
"Yankee," already far reno^Yned as sharp, clever, tenacious, energetic, and of an 
encroaching disposition. Here flourished a republic founded on equal rights, the 
most successful experiment of the kind then known. The Legislature of Massa- 
chusetts was an aggregate of towns acting through town representatives. To this 
town system it was largely owing tliat the political machinery ran so 3moothl^^ 
Town meetings, the unit of self-government, brought men together for a 
primary education in affairs, and the neighborly association of citizens gave 
a powerful impulse to public spii'it. Boston was the abode of commerce and 
refinement. And yet the town was not so populous that the public operations 
which most concerned him might elude the keen eye of the private taxpayer. 
Wealth was not monopolized, but nearly all toiled for a living. Climate and soil 
alike favored energy of character, while each inhabitant found a great diversity 
of pursuits to chose from. Public schools had long flourished. Eeligious 
discipline was universally strict. Though family attachments were strong, 
aristocracy had no deep root. The New England character, strong in wrestling 
with imperfect opportunities and disputations, became busy with the concerns of 
a petty existence; the Yankee was a narrow interpreter of writings, because he 
reverenced ink and parchment; and saving, often niggardly in his economies, 
because, with harsh soil and climate, it was not easy to make a living. But the 
New Englander had backbone, audacity, habits of industry and a conscientious 



Introduction. 31 

disposition. Experience and travel would v/iden his vision ; increasing wealth 
foster a more generous sentiment. Under slight reservation Massachusetts was 
liberalized New England; Boston was liberalized Massachusetts, and liberalized 
Boston carried the heaviest brains in America. 

THE VIRGINIAN. 

Viginia had very different advantages to boast of. Notwithstanding the 
liberal politics of her most enlig|itened sons, her institutions were at this time 
essentially aristocratic. 

This was owing partly to the circumstances under which the State had been 
colonized, partly to the enervating climate and spontaneous fertility of the land, 
which tempted those who could aflTord it to leave work to others and take their 
ease, and partly, of course, to the long continuance of slavery as part of the 
agricultural and social system. Virginia was colonized by gentlemen, and often 
helpless ones at that: blood and pedigree always ruled in her affairs. Tobacco 
was the great staple of a State given over to agriculture, whose great mineral 
resources had been scarcely developed, and whose manufactures and commei'ce 
were always insignificant. So few were the skilLed mechanics in this populous 
State in the early days that a rich planter, who could make lavish display of 
costly furniture and imported plate and linen, lodged not uncommonly in a 
rickety house, with smoky chimneys, broken window panes and doors which the 
ever-welcome guest had to claw open. There was a dash of chivalry, frankness 
and generosity about the true-blooded Virginian which made his leadership 
irresistible. And what more prolific mother of a nobility was there in the 
eighteenth century than the Old Dominion? Here Randolphs, Masons and Lees 
were men of ability, men of progress. ■■■■ * * The poor white of Virgtnia was 
not an interesting personage. The humbler native, leading a vagabond life and 
subsisting miserably, accepted the low estate to which he was born with little 
ambition to improve it. If a mechanic, his skill rarely Went beyond patching a 
shoe or stopping a leaky roof ; as a farmer, he left his corn and tobacco to scratch 
their way upward through the ill-dressed ground, while li-e sauntered idly about 
with his gun. He was, however, good natured, generous according to his means, 
and as hospitable, in a poor way, as the best gentleman he patterned after. He 
was fond of his State and its' great men, and loyal to some one of the families who 
contended for the honor of pocketing the borough in which he voted. He liked 
political excitement : elequence, of which Virginia had a Gppious supply, made 
his wild eyes glisten, and when his own candidate gave a sharp thrust, he slapped 
his long shanks and showed kis yellow teeth from ear to ear. He, like his 
superiors, had a turn for dissipatidn and low sports. '■•■ * * But Virginia 
character had always the same bold lines; its best development was invariably in 
the patrician rank, whose vices, as often happens under Hke conditions, the plebians 
copied more faithfully than their virtues. The Virginian was a born politician. 
He commonly received a good education ; yet wedded little to books, and growing 
up in an out-of-door atmosphiere, he led not so much fr«m force of scholarly 
attainments as from his capacity for profound convictions, his tact and sympa- 
thetic acquaintance with human nature. He did not domineer so offensively nor 
lose his temper so readily as his brethren of a lower latitude. To men of his 
calibre, some special incentive' is needful to iijspire heroic effort. Such was 
found in the effort to coerce the colonies into tributaries of George III. 



32 SCHOOL LAW OF INDIANA. 



CAVALIER AND PURITAN IN INDIANA. 

From the New England colonies, Virginia, Kentucky and the Carolinas, of 
which Massachusetts and Virginia were typical, came the early settlers of Indiana. 
Draw a line from east to west through Indiana, the line touching the southern 
part of Marion County, and you find the settlers south of this line ieom Virginia 
and the other southern colonies, and north of it from New England, each bringing 
with them their peculiar ideas, customs and local laws. 

In the northern part of Indiana we find those who favor a strong local 
government, and if at any time they had contemplated centralized State govern- 
ment, the conduct of the mother country during the American Kevolution had 
engendered such an intense dislike for a strong centralized government, that the 
principle of such, aijplied to our public school system, was entirely out of the 
question. A new generation had to be educated, liberalized and driven to see 
the prime necessity of a State-controlled system of schools before a law similar to 
the one of 1852 would be countenanced. 

In the southern part of Indiana there existed the social inequality of the 
parent colonies. To place all on an equal footing before the law meant the break- 
ing down of those social. lines that had so long separated the poor from the rich; 
the gentleman from his more humble white neighbor. Not that these people 
were so much opposed to education as to the idea of admitting all to equal priv- 
ileges before the law. Here again was needed "a campaign of education," and 
in the course of time the first settlers had yielded the soil to those more liberal in 
their views, and who wei'e fully persuaded that the State was responsible for the 
education of all its citizens. Under these conditions the local school system of 
the Constitution of 1816 was all that could be expected. 

TRIUMPH OF THE NEW ENGLAND IDEA. 

A fair and impartial trial of this system for forty years, where its weakness 
was easily shown, proved that good arguments were all on the side of a central- 
ized system, supported by general taxation, and in which tuition should be free 
and equally open to all. Our Supreme Court understood this when in 1857 Judge 
Perkins rendered his decision in the case of City of Lafayette y. Jenners (lOInd. 76), 
when he says: "Under our former Constitution we had two systems of common 
schools, the general and the local (the local predominating), and the local had 
broken down the general, and neither had flourished. This was an evil distinc- 
tively in view of the convention that framed the new Constitution, and it was 
determined that the two systems should no longer co-exist; that the general 
system should continue, strenghtened by additional aids, and that the counteract- 
ing local system should go out of existence — should cease." 

THE DIFFICULTIES IT HAD TO OVERCOME. 

Thus, after the adoption of the Constitution of 1852, there was a strong antag- 
onism against the new system, and the courts after long and many delays decided 
against the prevalent idea, that local systems were superior to the general system, 
as unconstitutional. The Civil War came, and the theory "that all men are 
created equal " became a fact — a great advance toward political equality — while 



INTRODUCTION. 33 

the advance toward social equality 'was equally great, as shown by the general 
and very liberal school law of 1865 that was enacted, and which, with a few 
changes, is still the law whose workings have attracted the attention of school 
men and legal minds of all our new States and many of the older States, particu- 
larly Michigan, whose State Superintendent of Public Instruction has recom- 
mended the abolition of the district system and the adoption of the township 
system instead. 

No greater social problem has ever come to a people of a State for solution 
than that of Indiana in the perfecting of her unique common school-system ; and 
no State has ever had more difficulties, inherent in the people, than those errone- 
ous ideas of society, which took deep root, extending even to the third and fourth 
generations, and which died with the opposition to the school laws of 1865 and 
1873. 



LEGAL CONSTRUCTION OF THE SCHOOL LAAV. 

During the years 1854—65 many friends of education thought that the courts 
of Indiana were antagonistic to the common school system inaugurated by the 
acts of 1852 under the new Constitution, but a careful study of these laws will 
show that they were general laws in appearance only, but local in their applica- 
tion, and the courts interpreted the Constitution correctly, requiring all laws to 
be general, and unmistakably so. 

One erroneous idea, that the local corporations owned the school property, 
prevailed for a long time after the adoption of the new Constitution, but in 
November, 1882, the Supreme Court in an opinion by Judge Niblack, took the 
contrary view. Thus we see clearly the school property is the property of the 
State, and that trustees of corporations are agents of the State in managing the 
same. Another decision of our Supreme Court, in an opinion written by Judge 
Elliott, and found in 102 Ind. p. 367, is one in every way worthy of exhaustive 
study. Tlie court assumed the constitutionality of the law authorizing the com- 
mon councils of cities to levy a school tax to be applied to the payment of 
teachers. 

We see here how clearly the courts have established the fact that in our 
system of common schools the local conditions established by law are simply in- 
strumentalities in the administration of the general or State system, and not dis- 
tinct corporations. 

One more very important decision upon this line of argument must be referred 
to, viz.: that found in 122 Indiana, page 462, and relating to the constitutionality 
of the text-book law of 1889. In the argument before the court it was held by 
the attorneys attacking the law that our school system began as a distinct local 
system, and that any law which abridged the rights of local self-government was 
unconstitutional and void. 

The Supreme Court, Judge Elliott speaking in substance, said: "The con- 
trol of schools and school affairs is vested in the law-making power of the State, 
upon the principle that schools are intrinsically matters of State concern, and not 
of a local nature. Both by the Constitution and the intrinsic nature of the duty 
and the power, the authority is exclusively legislative, and the matter over which 
it is to be exercised solely of State concern." 

3— ScH. Law. 



34 SCHOOL LAW OF INDIANA. 

The court went to the fullest length and said : " These schools are owned 
and maintained by the State, and the State may prescribe the terms and condi- 
tions upon which pupils may enter them, except that it can not disregard the 
constitutional injunction that 'tuition shall be without charge, and equally open 
to all.'" 

These opinions clearly show that they have been written in the light of his- 
tory, and that these Judges speak from exj^erience when discussing the constitu- 
tional provisions, knowing, as they do, the failure of a distinctively local system 
to become general in practice as was provided for by the Constitution of 1816. 

It seems clear that our courts now stand favoring a strong centralized system 
of common schools, which gives a feeling of security not before enjoyed by the 
friends of education in our State. 

The acts of 1865 and later years have so fully expressed the constitutional 
intent that there is little left for a place of attack by those who still feel opposed 
to the present system through this strong centralizing tendency. 

IMPORTANT ENACTMENTS. 

In 1824, the prolific mind of Benjamin Parke saw the need of teachers who 
were qualified to teach in our public schools, and a law was enacted then, requir- 
ing all applicants for positions in the common schools to pass an examination to 
prove their fitness for the work they desired to undertake. 

At that time all other school laws were merely directory, but these relating 
to the examination of teachers were mandatory — the first instance of such a school 
law in the great West. By means of this crude, and in many respects, then im- 
perfect law, the public mind has been constantly reminded of the importance of 
some kind of preparation for teachers. 

Out of necessity has grown the county and township institutes, the State Nor- 
mal School, the State Board of Education, the several teachei-s' associations and 
the Teachers' Reading Circle. In the development of this question. State Super- 
intendent Harvey M. LaFoUette, in his report of 1887-8 (p. 86), says: "There 
has been a steady and very satisfactory impi-ovement in the technical qualifica- 
tions, standard of general educatio>n, and in the culture and general intelligence 
of the common school teachers of the State. The invaluable influence of the 
work of our State Normal School, and of the philosophical study of pedagogical 
science in our State University, has done much to direct the course of study and 
reading, and to determine the ideal standards of professional culture throughout 
the State. The Indiana Teachers' Reading Circle has been a powei'ful influence 
in securing the cultivation of a general taste for the reading of good literature, 
and for the study of historical and practical educational methods, and has been of 
incalculable benefit to the school teachers of the State." The establishment of 
these several institutions had in view the betterment of the common schools. The 
State Normal School was established December 20, 1865. The county institutes 
followed March 6, 1865 ; township institutes, March 2, 1889 ; State Board of Edu- 
cation, August 24, 1875 ; State Teachers' Association (voluntary), November, 
1854; Indiana Teachers' Reading Circle (voluntary), December, 1883. 

The next important enactment, and the one still in force, was the one of 1883, 
requiring the enumeration of school children, and apportioning the school reve- 
nue according to this population. When the new Constitution was adopted this 



INTRODUCTION. 35 

principle of distribution had been found so practicable under local school govern- 
ments that it was made the basis for the State. 

On the 6th of March, 1865, an act defining the school funds in accordance 
with the decision of our Supreme Court, in which it held "that the income from 
the sale of the land in section numbered sixteen shall be exclusively for the use 
of the inhabitants thereof," and naming the annual levy of sixteen cents on the 
hundred dollars' valuation and fifty cents poll to be denominated a State school 
revenue and ajaportioned as other revenues are apportioned. 

This act did not give an equal amount of revenue to each school corporation 
of the State, owing to great ineiqualities in the Congressional Township funds held 
by the several counties. This was removed by the act of March 11, 1873. 

A peculiar application of this law is found in Vanderburgh County, where 
the income of the Congressional Township fund is greater per capita than the per 
capita of the county, so the inhabitants of this Congressional Township have 
received none of the State's common school revenues for years, but their income 
from their Congressional fund is sufficient to give them a ten months' term of 
school in the year, and to pay good salaries as well. This is the only instance of 
the kind in the State, and this is owing to the fact that the land has never been 
sold, advancing in price rapidly on account of its location. 

THE STATE BOAKD OF EDLi^CATION. 

The State Board of Education, a board of professional educators, has been 
one of the most valuable agents in our educational progress. The board, as first 
constituted in 1852, consisted of State officers. In 1855 the Attorney-General was 
made a member and legal adviser, but this board exerted no appreciable influence 
on educational affairs until 1865, when its membership was made largely profes- 
sional, consisting of the Governor, Superintendent of Public Instruction, the 
Presidents of the State University, the State Normal School and the Superintend- 
ents of the largest three city schools in the State. In 1875 the President of Pur- 
due University was added, and in 1899 three additional members, appointed by 
the Governor, were added. The large discretionary powers given this board by 
statute make it one of the most potent agents in our educational system. The 
duties of this board have been fully set forth in another part of this paper. The 
County Superintendent is required by law to carry out the orders and instructions 
of this board. 

COUNTY MANAGEMENT OF SCHOOLS. 

In June, 1873, the present system of county management of schools in In- 
diana came into existence. It was not an accident of random legislation, but the 
legitimate and natural result of circumstances — the proper answer to a universal 
and popular demand. Our State had provided liberally for the establishment 
and maintenance of public schools, so far as money alone would accomplish the 
result. There was in our statutes a general provision for a system of public 
schools, but the system, so far as one had been evolved, lacked in several particu- 
lars the elements and conditions necessary to growth, vigor and efiectiveness. So 
the new law sought to gather up the fragments and to co-ordinate them into as 
many organs, giving them' certain functions to perform, and the various parts 
prescribed powers and duties. The county organization is so arranged that its 
utility depends upon the individual work of its members. The responsibility of 



36 SCHOOL LAW OF INDIANA. 

setting in motion and rendering effective these implements was placed in the 
hands of a County Superintendent. The crisis in the educational affairs of the 
State had been reached. Further progress would depend upon the work of this 
officer. The powers and duties conferred upon him, although not very specific, 
were not guessed at, but were based upon an experience which had witnessed the 
defects and abuses of the old order of things and had shown the necessity for their 
elimination. Trustees had made serious mistakes in the building of school 
houses, in the purchase of apparatus and in the management of their finances, 
and must, therefore, have a helper and counselor; public officers, prompted by 
avarice, had withheld funds due the public for school purposes, or had diverted 
them from their proper channel. Somebody must correct this evil and secure the 
sacred funds. An army of teachers was at work, costing the State two millions of 
dollars a year, without any one whose business it was to look after the progress of 
their work, the sanitary condition of the schools, methods of teaching and discip- 
line, etc., so that improvements of a practical nature might be made, all proving 
conclusively that there must be a supervision of this work, or at least an inspec- 
tion of the same. 

With these duties before him, the County Superintendent began work twenty 
years ago. Compare the organization and work of the county boards of to-day 
with that of the primitive ones. Through committees especially qualified for the 
work assigned them we have improved the character of our school buildings, and 
instead of erecting buildings without any conveniences, we have been rajaidly sup- 
plying the places of the old frame and log houses with substantial brick ones, 
adapted in every respect to the needs of a school, as well as ornamental to the 
neighborhood, because of the elegant design. In the supply of furniture and 
apparatus great advance has been made. The absolute necessity for these auxil- 
iaries had long been recognized, but a systematic and economic method of selec- 
tion and purchase, and of utilizing them in the schools, remained for us to con- 
summate. 

The progress in another direction has been even greater. Out of the statutory 
edict, "He shall visit the schools," has grown a system of supervision that has 
never been equaled in extent and thoroughness and in beneficial results. By the 
Suiaerintendent's visitations and personal observations of the work in progress in 
the school rooms, evils growing out of defective teaching and management have, 
to a great extent, been eliminated. In the work of organizing the unorganized 
schools, the idea of uniformity in classification had its birth. 

Under the stimulus of our system of gradation and graduation our schools 
have progressed from a mechanical, listless, careless, irregular manner of working, 
that never accomplished any definite results, to that prompt, energetic, business- 
like method of taking up a task or line of work, and fully completing the same : 
The county superintendency has run the gauntlet of ten successive Legislatures 
successfully, through its strong appeal to the people as to its nature, purposes and 
utility, convincing them of its absolute necessity in the school administration. 

THE TEXT-BOOK QUESTION. 

State text-books— the first experiment in the West is found in Indiana. In 
November, 1853, the State Board of Education adopted, according to law, a series 
of text-books for use in the common schools of the State. 



INTRODUCTION. 37 

The recommendations of the State Board were for the purpose of encouraging 
uniformity. In the records of this body (1857) we find the following concerning 
these recommendations : " Time has exhibited the wisdom of our choice. In no 
State of the Union have efforts for the introduction of a uniform series of text- 
books for schools been so successful as in Indiana, of which we may well feel 
proud." 

Local school officers who had the selection of the books were only too glad to 
find some guide in making their adoptions for townships, and in a large per cent, 
of the school corporations we find the series recommended by the State Board of 
Education very generally used in the State from 1853 to 1865. Text-books on 
the common school branches had so rapidly multiplied that local officers felt com- 
petent to select suitable books without the aid of the State Board of Education. 
The Legislature, in the session of 1865, relieved the Board of this responsibility, 
and placed the authority of this selection into the hands of the Township Trustees, 
where it remained till 1873. At the time of the organization of our county sys- 
tem the selection of text-books for the use of schools rested with the County Board 
of Education. Cities were exempt from the provisions of this act, but incorpo- 
rated towns were subject to its provision the same as townships. This law re- 
mained in force sixteen years. 

STATE TEXT-BOOKS. 

In 1889 the General Assembly believed that school books should be fur- 
nished more cheaply, and accordingly a maximum price was fixed for the fitteen 
books provided for. The State Board of Education was to act as a Board of 
Text-book Commissioners for the State and to contract with the publishers, or 
authors, or compilers of books, to be bought outright, or published by the Com- 
mission. The law encountered bitter opposition, but the Supreme Court held it 
to be both constitutional and mandatory. 

A full series of common school text-books has been adopted under this, and 
a contract entered into between the Indiana Board of Text-book Commissioners 
and the publishers for a period of five years from the date of adoption. Bequisi- 
tions are made by the local school officers for books to the County Superintend- 
ent, who in turn makes them upon the Superintendent of Public Instruction, who 
again forwards them to the publishers. Eeports of sales are made quarterly by 
the local school officers to the County Superintendent, who again reports to the 
publishers. Patrons of the public or private schools obtain these books from their 
respective local school officers upon the payment of the following prices in cash . 

Spellers, 10 cents; first readers, 10 cents; second readers, 15 cents; third 
readers, 25 cents ; fourth readers, 30 cents ; fifth readers, 40 cents ; complete 
arithmetic, 45 cents ; . elementary arithmetic, 35 cents ; . complete geography, 75 
cents ; elementary geography, 20 cents ; complete English grammar, 40 cents ; 
elementaiy English grammar, 25 cents; complete physiology, 60 cents; elemen- 
tary physiology, 30 cents ; history of the United States, 60 cents ; copy-books, 5 
cents each. 



38 SCHOOL LAW OF INDIANA. 



COMPULSORY EDUCATION. 



In 1897 the General Assembly enacted a compulsory education law which has 
worked well. The attendance in the schools has been greatly increased by the 
enforcement of this law. 



FUTURE LEGISLATION. 



The subjects requiring careful consideration are (a) the high schools and 
high school inspection, (b) county institutes, and (c) the welfare of the rural 
schools. 



LEGAL DUTIES OF SCHOOL OFFICIALS* 



CONSTITUTIONAL PROVISIONS. 



ARTICLE VIII. 

EDUCATION. 
[In force November 1, 1851.] 

1. Knowledge and learning generally diffused throughout a community 
being essential to the preservation of a free government, it shall he the duty of 
the General Assembly to encourage, by all suitable means, moral, intellectual, 
scientitic and agricultural improvement, and to provide by law for a general and 
uniform system of common schools, wherein tuition shall be without charge and 
equally open to all. 

2. The Common School Fund shall consist of the Congressional Township 
Fund, and the lands belonging thereto ; 

The Surplus Revenue Fund; 

The Saline Fund, and the lands belonging thereto ; 

The Bank Tax Fund, and the fund ai-ising from the one hundred and four- 
teenth section of the Charter of the State Bank of Indiana; 

The fund to be derived from the sale of county seminaries, and the moneys 
and property' heretofore held for such seminaries; from the fines assesssed for 
breaches of the penal laws of the State, and from all forfeitures which may 
accrue; 

All lands and other estate which shall escheat to the State for want of heirs 
or kindred entitled to the inheritance ; 

All lands that have been or may hereafter be granted to the State when no 
special purpose is expressed in the grant, and the proceeds of the sales thereof, 
including the proceeds of the sales of the swamp lands granted to the State of 
Indiana by the act of Congress of the twenty-eighth of September, one thousand 
eight hundred and fifty, after deducting the expense of selecting and draining the 
same; 

Taxes on the property of corporations that may be assessed by the General 
Assembly for Common School purposes. 

3. The principal of the Common School Fund shall remain a perpetual fund, 
which may be increased, but shall never be diminished; and the income thereof 
shall be inviolably appropriated to the support of Common Schools, and to no 
other purpose whatever. 



40 • SCHOOL LAW OF INDIANA. 

4. The General Assembly shall invest, in some safe and profitable manner, 
all such portions of the Common School Fund as have not heretofore been 
entrusted to the several counties, and shall make provision, by law, for the 
distribution among the several counties of the interest thereof. 

5. If any county shall fail to demand its proportion of such interest, for 
Common School purposes, the same shall be reinvested for the benefit of such 
county. 

6. The several counties shall be held liable for the preservation of so much 
of said fund as may be entrusted to them, and for the payment of the annual 
interest thereon. 

7. All trust funds held by the State shall remain inviolate, and be faithfully 
and exclusively applied to the purposes for which the trust was created. 

8. The General Assembly shall provide for the election, by the vote of the 
State, of a State Superintendent of Public Instruction, who shall hold his office 
for two years, and whose duties and compensation shall be prescribed by law. 



SUPERINTENDENT OF PUBLIC INSTRUCTION. 

There shall be elected by the qualified voters of the State, at a general elec- 
tion, a State Superintendent of Public Instruction, who shall hold his office for 
two years. 

Commencement or Term — Oath. His office term shall commence on the 
fifteenth day of March succeeding his election. He shall take and subscribe the 
oath prescribed by law, which proceeding shall in all things conform to the law 
relative to the oaths of public officers. 

Duties. The Superintendent shall be charged with the administration of the 
system of public instruction and a general superintendence of the business relating 
to the common schools of the State, and of the school funds and school revenues 
set apart and appropriated for their support. He shall render an opinion, in 
writing, to any school officer asking the same, touching the administration or 
construction of the school law. 

Report to Governor. In the month of January in each year in which 
there is no regular session of the General Assembly, he shall make a brief report, 
in writing, to the Governor, indicating, in general terms, the enumeration of the 
children of the State for common school purposes, the additions to the permanent 
school fund within the year, the amount of school revenue collected within the 
year, and the amounts proportioned and distributed to the schools. 

Report to GENERAii Assembly. At each regular session of the General 
Assembly, on or before the fifteenth day of January, said Superintendent shall 
present a biennial report of his administration of the system of public instruction, 
in which he shall furnish a brief exhibit — 

First. Of his labors, the results of his experience and observation as to the 
operation of said system, and suggest the remedy for observed imperfections. 

Second. Of the amount of the permanent school funds, and their general 
condition as to safety of manner of investment; the amount of revenue annually 
derived therefrom, and from other sources; estimates for the following two years, 
and the estimated value of all other property set apart or appropriated for school 
purposes. 



LEGAL DUTIES OF SCHOOL OFFICIALS. 41 

Third. Of such plans as he may have matured for the better organization of 
the schools, and for the increase, safe investment, and better pi-eservation and 
management of the permanent school funds, and for the increase and more econom- 
ical expenditure of the revenue for tuition. 

Fourth. He shall present a comparison of the results of the year then closing 
with those of the year next preceding, and, if deemed expedient, of years preced- 
ing that, so as to indicate the progress made in the business of public instruction. 

Fifth. He shall furnish such other information relative to the system of 
public instruction — the schools, their permanent funds, annual revenues, etc. — as 
he may think to be of interest to the General Assembly. 

He shall append to his report statistical tables, compiled from the materials 
transmitted to his office by the proper officers, with proper summaries, averages 
and totals appended thereto. He shall append a statement of the semi-annual 
collections of school revenue, and his apportionment thereof ; and when he deems 
it of sufficient interest to do so, he shall append extracts from the correspondence 
of school officers, tending to show either the salutary or defective operation of the 
system or of any of its parts ; and shall cause ten thousand copies to be printed 
and distributed to the several counties of the State. 

Duties. He shall visit each county in the State at least once during his term 
of office, and examine the Auditor's books and records relative to the school funds 
and revenues, with a view to ascertain the amount and the safety and preserva- 
tion of said funds and revenues ; and, for that purpose, he shall have access to, 
and full power to require for inspection the use of the books and papers of the 
Auditor's office. Whenever he may discover that any of the school funds are un- 
safely invested and unproductive of school revenue, or that any of the school 
revenues have been diverted from their proper objects, he shall report the same to 
the General Assembly. He shall meet with such school officers as may attend his 
appointment, counseling with the teachers, and lecturing upon topics calculated 
to subserve the interests of popular education. 

Tkaveling expenses. He shall receive, for traveling and other expenses 
while traveling oi: the business of the department, a sum not exceeding six hun- 
dred dollars per annum ; and an appropriation of that amount is hereby made 
for that purpose, annually. 

Supervision op school funds. He shall exercise such supervision over the 
school funds and revenues as may be necessary to ascertain their safety, and secure 
their preservation and application to the proper object ; and cause to be instituted, 
in the name of the State of Indiana, for the use of the proper fund or revenue, all 
suits necessary for the recovery of any portion of said funds or revenues. It is 
hereby made the duty of the proper Circuit Prosecuting Attorney to prosecute all 
such suits at the instance of the Superintendent, and without charge against said 
funds or revenue. 

May kequire reports. He may require of the County Auditors, County 
Superintendents, County Treasurers, Trustees, Clerks and Treasurers, copies of 
all reports required to be made by them, and all such other information in rela- 
tion to the duties of their respective offices, so far as they relate to the condition 
of the school funds, revenues and property of the common schools and the condi- 
tion and management of such schools, as he may deem important. 

Blanks and forms. He may prepare, and transmit to the proper officers, 
suitable forms and regulations for making all reports, and the necessary blanks 



42 SCHOOL LAW OF INDIANA. 

therefor, and all necessary instructions for the better organization and govern- 
ment of common schools, and conducting all necessary proceedings under this act. 

FoKMS OF Book-keeping. Forms and modes of book-keeping shall, from 
time to time, be prescribed for County Auditors and County Treasurers by the 
State Superintendent of Public Instruction. 

Shall Publish School Laws. He shall cause as many copies of the acts of 
the General Assembly in relation to the common schools or the school funds, with 
necessary forms, instructions and regulations, to be from time to time printed 
and distributed among the school townships, as he shall deem the public good 
requires. 

General. At the expiration of his term of office, he shall deliver to his 
successor possession of the office and all books, records, documents, papers and 
other articles pertaining or belonging to his office. 

STATE BOAED OF EDUCATION. 

The Governor of the State, the State Superintendent of Public Instruction, 
the President of the State University, the President of Purdue University, the 
President of the State Normal School, and Superintendents of Common Schools of 
the three largest cities in the State, and three citizens of prominence actively 
engaged in educational work in the State, appointed by the Governor, at least 
one of whom shall be a County Superintendent, none of whom shall be appointed 
from any county in which any other member of the State Board of Education 
resides, or from which any other member was appointed, shall constitute a Board 
to be denominated the Indiana State Board of Education. The size of the cities 
shall, for this purpose, be determined by the enumeration of children for school 
purposes, annually reported by County vSuperintendents to the Superintendent of 
Public Instruction. The Superintendent of Public Instruction shall, ex officio, 
be President of the Board ; and in his absence the members shall elect a President 
pro tempore. The Board shall elect one of its members Secretary and Treasurer, 
who shall have the custody of its records, papers and effects, and shall keep min- 
utes of its proceedings: Provided, That such records, papers, effects and minutes 
shall be kept at the office of the Superintendent, and shall be open for his inspec- 
tion. The said Board shall meet, upon the call of the President or a majority 
of its members, at such place in the State as may be designated in the call ; and 
shall devise, adopt and procure a seal, on the face of which shall be the words, 
"Indiana State Board of Education," and such other device or motto as the 
Board may direct — an impression and written description of which shall be re- 
corded on the minutes of the Board and filed in the office of the Secretary of 
State ; which seal shall be used for the authentication of the acts of the Board 
and the important acts of the Superintendent of Public Instruction. 

Duties and Powers. Said Board, at its meetings, shall perform such duties 
as are prescribed by law, and may make and adopt such rules, by-laws and regu- 
lations as may be necessary for its own government, and for the complete carrying 
into effect the provisions of the next section of. this act, and not in conflict with 
the laws of the State; and shall take cognizance of such questions as may arise in 
the practical administration of the school system not otherwise provided for, and 
duly consider, discuss and determine the same. 

Traffic in Questions. Whosoever shall sell, trade, barter or give away, or 
offer to sell, barter or give away, to applicants for license, or to any other person. 



LEGAL DUTIES OF SCHOOL OFFICIALS. 43 

or whosoever shall bu,y, purchase, trade or barter for, or accept as donee, the ques- 
tions prepared b)' the State Board of Education, to be used by County Superin- 
tendents in the examination of teachers, or in any way dispose of or accept as 
donee said questions contrary to the rules prescribed by said State Board of Edu- 
cation, shall be deemed guilty of a misdemeanor; and on conviction shall be 
fined in any sum not less than fifty nor more than five hundred dollars. 

State Ceetificates. Said Board may grant State certificates of qualification 
to such teachers as may, upon a thorough and critical examination, be found to 
possess eminent scholai-ship and professional ability, and shall furnish satisfactory 
evidence of good moral character. They shall hold stated meetings, at which 
they shall examine all applicants, and those found to possess the qualifications 
herein above named shall receive such certificate, signed by the President of the 
Board, and impressed with the seal thereof; and the said certificate shall entitle 
the holder to teach in any of the schools of the State without further examination, 
and shall also be valid dui-ing the lifetime of said holder, unless revoked by said 
Board. Each applicant for examination shall, on making application, pay to the 
Treasurer of the Board five dollars as a fee. 

Pay and Mileage of Boakd. The members of said Board, other than the 
Governor and State Superintendent of Public Instruction, shall be entitled to 
receive for their services, while actually engaged in the duties of their ofiice, five 
dollars per day and five cents per mile necessarily traveled while so engaged; 
which amount shall be certified by the Board to the Auditor of the State, who 
shall draw his warrant therefor, payable out of the general fund, which sum shall 
be reimbursed to the general fund by the Treasurer of the Board paying into it 
that amount out of the money received by him as fees for certificates ; and if there 
be any residue of money received as such fees, it shall be expended by the Super- 
intendent of Public Instruction in the purchase of suitable books for an office 
library. Said Board shall be allowed the necessary expenses incurred in the 
discharge of the duties required of the same, for clerk hire, postage, etc., which 
expenses shall be paid as the expenses of the members of the Board are paid. 

County Superintendent. The Township Trustees of each county of this 
State shall meet at the office of the Auditor of their county on the first Monday 
of June, 1899, at 10 o'clock a. m., and every fonr years thereafter, and elect by 
ballot a County Superintendent for their county. Such County Superintendent, 
unless sooner removed, shall hold his offic© until his successor is elected and 
qualified. Before entering upon the duties of his office he shall subscribe and 
take an oath to perform faithfully such duties according to law, which oath shall 
be filed with the County Auditor. He shall also execute a bond, with freehold 
security, to the approval of the County Auditor, payable to the State of Indiana, 
in the penal sum of five thousand dollars, conditioned upon the faithful discharge 
of his duties according to the law, and faithfully to account for and pay over to the 
proper persons all moneys and property in connection with his duties under the 
text-book law which may come into his hands by virtue of such office. As soon 
as such bond be filed, the County Auditor shall report the name and postoffice ad- 
dress of the person so elected to the State Superintendent of Public Instruction. 
Whenever a vacancy may occur in the office of County Superintendent, the said 
Township Trustees, on at least three days' notice given by the County Auditor, 
shall assemble at 10 o'clock a. m. on the day designated in such notice at the 
office of such Auditor, and fill such.vacancy by ballot for the unexpired term. In 



44 SCHOOL LAW OF INDIANA. 

all elections of a County Superintendent the County Auditor shall be clerk of such 
election, and in case of a tie vote the Auditor shall cast the deciding vote. Such 
Auditor shall keep a record of such election in a book kept for that purpose. 

Any County Superintendent may be impeached for immorality, incompetency 
or general neglect of duty, or for acting as agent for the sale of any text-book, 
school furniture, maps, charts or other school supplies, and such impeachment 
proceedings shall in all things be governed by the pi'ovisions of law now in force 
for impeaching county ofHcers. 

No person shall be eligible to or shall hold the office of County Superin- 
tendent unless he hold at the time of his election a thirty-six months' license, or 
life or professional license, to teach in the public schools of this State : Provided, 
That nothing herein contained shall affect the title of any County Superintendent 
now in office or disqualify him for re-election at the next election of County 
Superintendent. 

DUTIES OF THE COUNTY BOARD OF EDUCATION. 

The Board shall meet semi-annually at the office of the County Superin- 
tendent on the first days of May and September (unless the said days be Sunday, 
and if so on the day following), a majority of whom shall constitute a quorum; 
also on the first Monday in May to elect truant officers. 

EULES CONCERNING THE COUNTY BOARD. 

The Board having met on the first day of September, they have a right to 
adjourn from day to day until the business before them is completed. But if 
they adjourn sine die they have no right to meet any more until the first day in 
May. 

In the absence of the County Superintendent the Board may appoint one of 
its members President pro tern. No action can be taken by the 'Board unless a 
majority of all the members are present. Some questions require a majority vote, 
and others a unanimous vote of all members of the Board. 

It is very important that school officers and County Boards should make a 
careful record of their proceedings. If a Board takes any legal action, and fails 
to record it, and makes an incorrect record, the record can be amended by order 
of the Board at a subsequent meeting. 

The County Board of Trustees have the right to make such rules and regula- 
tions, according to law, as will tend to promote the good of the public schools ; 
and it is the duty of the teachers to carry out such rules in good faith. 

The County Board of Education has no power to make contracts; but all or 
any number of the Trustees may join together in purchasing or contracting for 
supplies; and such action may often be advisable. It is not, however, the action 
of the Board. 

The graded schools of incorporated towns are under the same control of the 
County Board as any of the schools of the township. Cities alone are excepted. 

Each Trustee should give full force and effect to the Rules, Regulations and 
Course of Study adopted by the County Board, by adopting them himself and by 
requiring his teachers' contracts to conform to them, so far as they may be in 
accordance with the law. 



LEGAL DUTIES OF SCHOOL OFFICIALS. 45 

The Rules and Regulations adopted by County Boards and by Trustees should 
be of a very general character, applicable to all schools alike, and not such as 
would trespass upon the rights of the teacher or embarrass him in his work. 

DUTIES OF THE COUNTY SUPERINTENDENT. 

1. The County Superintendent shall have the general superintendence of the 
schools of the county. 

2. He shall attend each Township Institute at least once in each year, when 
he shall preside at the same and conduct its exercises. 

3. He shall visit each school of the county at least once a year, for the pur- 
pose of increasing its usefulness and elevating, as far as practicable, the poorest 
schools to the best. 

4. He shall conduct and encourage Teachers' Institutes and Associations, 
and shall labor in every practicable way to elevate the standard of teaching and 
to improve the condition of the schools of the county; but can not conduct a 
county or private normal school. 

5. The County Superintendent shall hold at least one public examination, 
beginning on the last Saturday of January, February, March, April, May, June, 
July and August of each year. In no case shall he grant a license upon a private 
examination, but special public examinations may be held at any time upon 
written request of School Boards. 

6. The County Superintendent shall have power to revoke licenses granted 
by him or his predecessors, or hereafter granted by the State Superintendent of 
Public Instruction, for incompetency, immorality, cruelty, or general neglect of 
the business of the school; due notice in writing of revocation must be given to 
the teacher, who may appeal to the State Superintendent of Public Instruction ; 
and the revocation of the license of' any teacher shall terminate his employment 
in the school which such teacher may have been employed to teach. 

7. When any Trustee shall neglect to file with the County Superintendent 
an enumeration of the children of the township, town or city, the County Super- 
intendent shall, immediately after the first day of May in each year, employ a 
competent person to take the same, and allow a reasonable compensation for such 
service, payable from the special school revenue of the township. 

8. The County Superintendents are required to hold, or cause to be held., 
Teachers'* Institutes at least once a year in their respective counties. 

9. They provide for examination of all applicants for graduation in the 
common school branches from township, district or town schools upon questions 
furnished by the State Board of Education. 

DUTIES OF TRUSTEES. 

1. The Trustees shall take charge of the educational affairs of their respective 
townships, towns and cities. 

2. They shall employ teachers, establish and locate, conveniently, a sufficient 
number of schools for the education of the children therein^ and build and other- 
wise provide suitable houses, furniture, apparatus, and other articles and educa- 
tional appliances necessary for the thorough organization and efficient manage- 
ment of said schools. 



46 SCHOOL LAW OP INDIANA. 

3. They may also establish and maintain in their respective corporations at 
least one separate graded high school, to which shall be admitted all pupils who 
are sufficiently advanced. The Trustees of two or more school corporations may 
establish and maintain joint graded high schools in lieu of separate graded high 
schools. No graded high school can be built unless there is at least fifteen com- 
mon school graduates of school age residing in the township. Instead of building 
a high school he may send his high school pupils to an adjoining corporation and 
pay their tuition. 

4. They shall keep accurate accounts of the receipts and expenditures of 
such revenues. 

5. They shall keep a record of all their proceedings relative to the schools, 
including all orders and allowances, and accounts of all receipts and expenditures, 
distinguishing between the State school revenue and the special school revenue. 

6. They shall maintain in each school corporation a term of school at least 
six months in duration. 

7. They shall provide for the teaching of the German language as a branch 
of study when the parents or guardians of twenty-five or more pupils of a school 
demand it, 

8. They shall cause the doors of the school houses to swing outward. 

9. They may require special examination of teachers in the special branches 
authorized by school meetings. 

10. They are empowered to hear and determine appeals from the Directors 
on the exclusion of pupils from school. 

11. They must make a complete report each year to the Township Advisory 
Board. 

DUTIES OF DIKECTOKS. 

1. The Director of each school shall preside at all meetings of the inhabit- 
ants connected therewith, and record their proceedings. 

2. He shall also act as the organ of communication between the inhabitants 
and the Township Trustee. 

3. He shall take charge of the school house and property belonging thereto, 
under the general order and concurrence of the Trustee, and preserve the same; 
and 

4. Shall make all temporary repairs of the. school house, furniture and fix- 
tures, and provide the necessary fuel for the school, reporting the cost thereof to 
the Trustee for payment. 

5. He shall visit and inspect the school from time to time, and, when neces- 
sary, may exclude any refractory pupil therefrom; but the exclusion of any puj^il 
from the school for disorderly conduct shall not extend beyond the current term, 
and may be, in the discretion of the Director, for a shorter period. The decision 
of the Director in excluding a pupil shall be subject to appeal to the Township 
Trustee, whose decision shall be final. 

DUTIES OF TEACHEES. 

1. It is the duty of the teacher to carry out in good faith the rules and reg- 
ulations of the County Board and Trustees. 

2. The teacher should exercise care over the school property in his charge. 



LEGAL DUTIES OF SCHOOL OFFICIALS. 47 

3. A teacher may punish a pupil with kindness, prudence and propriety, for 
disobedience of his proper commands. 

4. Teachers should be very careful how they punish pupils for what they do 
or say away from the school premises, and should nevef undertake to punish for 
such behavior, unless it seems necessary for the preservation of discipline in the 
school. 

5. Except on account of sickness, teachers are required to be present at each 
monthly township institute. 

6. Teachers must perform such reasonable duties as are assigned to them at 
such institutes. 

7. The law requires the teacher to make a report to the Trustee at the end 
of the term for which said teacher shall have been employed, and to truant officers 
when required. 

DUTIES OF PAEENTS AND GUAKDIANS. 

1. All taxpayers who are parents, guardians or heads of families, except 
married women and minors, are entitled to vote in school meetings in the district 
to which they are attached. 

2. A school meeting may be called at any time by the Director or any five 
voters, five days' notice being given by posting in five public places in the vicinity. 

3. School meetings have power to determine what branches shall be taught 
in addition to those required by law. They have power to fill vacancies in the 
office of Director ; to direct such repairs as they deem necessary in their school 
house and to petition the Township Trustee for the removal of their school house 
to a more convenient location, for the erection of a new one, or the sale of an old 
one and the lands belonging thereto, and upon any other subject connected there- 
with. When such meetings shall petition the Trustee in regard to repairs, removal, 
or erection of a school house, they shall also furnish to such Trustee an estimate 
of the probable cost of such repairs, removal or erection. 

4. Patrons are by law entitled to protest against the employment of any 
teacher; but they are not empowered to select teachers. A majority of those enti- 
tled to vote at school meetings may prevent the employment of any teacher whom 
they do not wish to have employed by voting to that efTect at any regular meeting. 

5. A majority of such voters may, by petitioning the Township Trustee, 
secure the dismissal of the teacher, upon due notice and for good cause shown. 

6. When a pupil is excluded from a school by a Director, a parent, or guar- 
dian, or the pupil himself, may appeal from the decision of the Director to the 
Trustee, whose decision is final. 

7. Parents, guardians or others are prohibited by law from upbraiding a 
teacher in the presence of the school, from any cause, fancied or real. 

8. When a majority ^f the persons entitled to vote at school meetings desire 
that a private school be taught in a school house not occupied by public school 
or desire the use of the school house for other purposes, and make application to 
the Trustee, it is the duty of the Trustee to permit the use of the building for the 
private school or to authorize the Director to permit its use for the other purposes. 

9. A majority of the voters of a district may petition the Trustee for the 
abandonment of their school or schools, and the consolidation of said school with 
another district or corporation. 



48 SCHOOL LAAV OF INDIANA. 

CALENDAR SHOWING WHEN THE DUTIES OF SCHOOL OFFICERS 
MUST BE PERFORMED. 

January, Last Monday. — Distribution of the School Revenue for Tuition to 
School Corporations, made by County Auditor, and reported to State Superin- 
tendent. First Tuesday after first Monday in January, annual settlement of 
Township Trustee with Advisory Board. 

February 1. — First payment of transfer funds. 

April 10. — Enumeration of School Children by Trustees, to be completed 
before the first of May. 

May 1. — Meeting of County Board of Education — Trustees' Reports of Enu- 
meration must be filed with the Superintendent. First Monday in May, the elec- 
tion of Truant Officers. 

May 15. — County Superintendent's Report of Enumeration is due to State 
Superintendent. 

June, Third Monday. — Auditor's Semi-annual Report of School Revenue for 
Apportionment is due State Superintendent. 

June 1. — County Superintendent Reports to County Auditor Basis of Appor- 
tionment, made from lists of enumeration. 

June, First Monday — County Commissioners meet, receive Reports from Aud- 
itor and Treasurer, and report condition of School Funds to State Superintendent. 
Auditor at the same time reports transfers of Congressional Township School Fund. 

June, First Monday, Quadrennially. — Election of County Superintendent. 

June, Early. — County Superintendent reports names of Teachers licensed to 
State Superintendent — Election of City and Town Trustees. They must give bonds 
and qualify within ten days. Auditor reports their names to State Superintendent. 

.luly. Second Monday. — Distribution of School Revenue to School Corpora- 
tions, made by County Auditor and reported to State Superintendent. 

July 30. — Second payment of transfer funds. 

July, Late. — Post notices of the several estimates and amounts of the pro- 
posed annual expenditures, and the rate of taxation proposed for the several 
funds to be expended during the next calendar year. 

August, First Week. — Publishes the above notice in two leading newspapers 
of the county; and furnishes estimates to each member of the Township Advisory 
Board. 

August 1.- — Beginning of School Year. 

August, First Monday. — Trustees' Statistical Report to County Superintend- 
ent. Financial Report to County Commissioners. Must file a copy of the report 
to Commissioners with County Superintendent within ten days. 

September 1. — Meeting of County Board of Education — County Superintend- 
ent's Statistical and Written Reports to State Superintendent. 

September — First Tuesday. — Make Financial Report to Township Advisory 
Board. 

October, First Saturday. — Election of School Directors. 

November. — General Election. Election of Township Trustees for four years. 

December 25, or Earlier. — Auditor's Semi-annual Rejiort of School Revenue 
for Apportionment and Annual Settlement-sheet of Interest, due to State Super- 
intendent. 

Last Saturday in January, February, March, April, May, June, July and 
August. — Public Examination of Teachers. 



LEGAL DUTIES OF SCHOOL OFFICIALS. 49 



SCHEDULE OF BLANKS ISSUED BY THE STATE SUPEEINTENDENT. 

To CoHnty Auditors, Forms 1, 4, 5, 7, 7 (a), 16, 17, 21. 
To County Superintendents, Forms 3, 8, 12, 12 (a), 13, 18. 
To County Commissioners, Form 6. 
To Township Trustees, Form 2. 
To City Superintendents, Form 11. 

EXPLANATION OF FOKMS OR BLANKS. 

Form 1. January distribution of school revenue, due last Monday in 
January. 

Form 2. Enumeraiion of school children. 

Form 3. Eeport of enumeration, due May 15. 

Form 4. Revenues for apportionment (June). 

Form 5. July distribution of school revenue. 

Form 6. Condition of funds held by counties, due in June. 

Form 7. Names of School Trustees of cities and towns, due in June. 

Form 7 (a). Name of Township Trustees, due in November. 

Form 8. Names of teachers licensed. 

Form 11. Application for High School Commissions. 

Form 12. County Superintendent's statistical report, due September 1. 

Form 12 (a). County Superintendent's financial report, due September 1. 

Form 13. Names and reports of private schools, due in September. 

P^orm 16. Revenues for apportionment (December), due December 25. 

Forni 17. Names and addresses of County Superintendents, due June 7. 

Form 18. Requests for examination questions, due January 15. 

Form 21. Special school revenue distribution, due in June. 



4 — ScH. Law; 



50 SCHOOL LAW OF INDIANA. 



CHAPTER I. 

CONSTITUTIONAL PKOVISIONS. 



Sec. 

1. Common schools. 

2. Common school fund. 

3. Principal, a perpetual fund. 

4. Investment and distribution. 



Sec. 

5. Reinvestment. 

6. Counties — Liability. 

7. Trust funds inviolate, 

8. Superintendent of Publiclnstruetion, 



AKTICLE VIII. 

[In force November 1, 1851.1 

1. Common Schools. 1. Knowledge and learning generally 
diffused throughont a community being essential to the preser- 
vation of a free government, it shall be the duty of the Gen- 
eral Assembly to encourage, by all suitable means, moral, 
intellectual, scientific and agricultural improvement, and to 
provide by law for a general and uniform system of common 
schools, wherein tuition shall be without charge and equally 
open to all. (R. S. 1881, § 182; R. S. 1894, § 182; R. S. 1897, 
§ 182.) 

1. Schools a State Institution. Under our former Constitution we had 
two systems of common schools, the general and local ; hut the local broke down 
the general system, and neither had flourished. This was an evil distinctly in 
the view of the conventioa which framed the new Constitution, and it was de- 
termined that the two systems should no longer co-exist; that the one general 
system should continue, strengthened by additional aids, and that the counter- 
acting local systems should go out of existence. Common schools, as a whole, 
are made a State institution — a system co-extensive with the State, embracing 
within it every citizen, every foot of territory, and all the taxable propeity of the 
State. — City of Lafayette v. Jenners, 10 Ind. 76 and 77; Greencastle Tp. v. Black, 
5 Ind. 557. 

2. General. Our common school system must be general, that is, it must 
extend over and embrace every portion of the State. — Corey v. Carter, 48 Ind. 358. 

3. Uniform. It must be uniform. This is secured when all the schools of 
the. same grade have the same system of government and discipline, the same 
branches of learning taught, and the same qualifications for admission. — Corey v. 
Carter, 48 Ind. 358. 

4. Classification. The schools must be equally open to all. But the Leg- 
islature may classify the pupils to be admitted, with reference to age, sex, advance- 
ment and branches of study to be p>ursued, and may designate to what schools 
and what school houses the diflferent ages, sexes and degrees of proficiency shall 
be assigned. — Corey v. C'^rter, 48 Ind. 358. 



SCHOOL LAW OF INDIANA. 51 

5. Colored PupiI/S. To require the -white and colored children to be taught 
separately, provision being made for the education of each in the same branches, 
according to age, capacity or advancement, with capable teachers, does not 
amount to a denial of equal privileges to either, or conflict with the open char- 
acter of the system required by the Constitution. — Corey v. Carter, 48 Ind. 358. 

6. Legislature does not Levy. The above section does not require the 
Legislature to levy all school taxes nor prohibit it from providing by general law 
for the levying of school taxes by the local school authorities. — Robinson v. 
Schenck, 102 Ind. 307. 

7. Legislative Power. The Legislature is given full power under this sec- 
tion to provide for a general and uniform system of common schools, and such 
power necessarily resides in it, although it be not given by the Constitution. It 
may prescribe the course of study and the system of instruction that shall be pur- 
sued and adopted, as well as the books which shall be used. — State v. Haworth, 
122 Ind. 462. 

2. Common School Fund. 2. The Common School Fund 
shall consist of the Congressional Township Fund and the 
lands belonging thereto ; 

The Surplus Revenue Fund ; 

The Saline Fund, and the lands belonging thereto ; 

The Bank Tax Fund, and the fund arising from the one hun- 
dred and fourteenth section of the Charter of the State Bank 
of Indiana ; 

The fund to be derived from the sale of county seminaries, 
and the moneys and property heretofore held for such semi- 
naries ; for the fines assessed for breaches of the penal laws of 
the State, and from all forfeitures which may accrue; 

All lands and other estate which shall escheat to the State 
for want of heirs or kindred entitled to the inheritance ; 

All lands that have been or may hereafter be granted to the 
State when no special purpose is expressed in the grant, and 
the proceeds of the sales thereof, including the proceeds of the 
sales of the swamp lands granted to the State of Indiana by 
the act of Congress, of the twenty-eighth day of September, 
one thousand eight hundred and fifty, after deducting the ex- 
pense of selecting and draining the same ; 

Taxes on the property of corporations that may be assessed 
by the General Assembly for common school purposes. (R. S. 
1881, § 183; R. S. 1894, § 183; R. S. 1897, § 183.) 

1. Consolidation Void. In so far as this section attempts to consolidate the 
Congi-essional Township Fund with other funds, it is inoperative. The provisions 
of the School Law of 1852, which were designed in pursuance of this section to 



52 



SCHOOL LAW OF INDIANA. 



effect sucli consolidation, are in contravention of the subsequent section 7, and of 
the congressional grant to the townships. — State y. Springfield Tp., 6 Ind. 83; 
Davis V. Indiana, 94 U. S. 792. 

2. Sale of Seminaries Void. The provisions authorizing the sale of 
County Seminaries is void, impairing the obligation of contracts.— Edwards v. 
Jagers, 19 Ind. 407. Compare Heastcn v. The Board, 20 Ind. 398. 

3. Penalties. The fact that a penalty under E. S. 1894, g8465, for making 
a false tax list, is to be paid into the County Treasury, for the use of the county, 
does not bring tlie statute into conflict with this section of the Constitution, for 
such penalty is not a fine in the sense of the word as there used. Burgh v. State, 108 
Ind. 132. So the statute turning over certain fines assessed for immorality, to the 
Ho7m for Friendless Women, is valid, sec. 6243, K. S. 1881; E. S. 1894, §8346.— 
City of Indianapolis v. Indianapolis Home, 50 Ind. 215. 

4. Escheated Eeal Estate. Under this section it is "the fund to be 
derived from the sale of escheated real estate," and not such real estate itself, 
which becomes a part of the Common School Fund. — State v. Meyer, 63 Ind. 33. 

5. EsTKAYS. Money arising from the sale of estrays and property adrift, be- 
longs to the School Fund by virtue of the act of 1844, p. 86, and E. S, 1881, § 235 ; 
E. S. 1894, § 235 ; E. S. 1897, § 235. 

6. See I 359 and notes. 

3. Principal, a Perpetual Fund. 3. Tlie principal of the 
Common School Fund shall remain a perpetual fund, which 
may be increased, but shall never be diminished ; and the in- 
come thereof shall be inviolably appropriated to the snpport of 
common schools and to no other purpose whatever. (R. S. 1881, 
§ 184; R. S. 1894, § 184; R. S. 1897, § 184.) 

1. DiVEKSioN. This "fund must be devoted to the support of the common 
schools, without the diversion from it of a penny for any other purpose whatever." 
—Board v. State, 120 Ind. 282. 

2. Authority of Courts to Investigate. The money due the School 
Fund can not, by any legislative contrivance, be kept out of it, nor can any legis- 
lative scheme be framed that will preclude the courts from ascertaining the facts. 
No official statement can preclude the proper authorities and erect a barrier 
between them and the way to a recovery of money which the Constitution imper- 
atively ordains shall inviolably and without diminution be preserved for school 
purposes. A statute making the statement of the County Auditors as to the 
amount of school funds held in trust by their respective counties, when approved 
by the Superintendent of Public Instruction, "conclusive evidence of the facts 
therein contained," is unconstitutional. — Board v. State, 120 Ind. 282. 

4. Investment and Distribution. 4. The General As- 
sembly shall invest, in some safe and proiitable manner, all such 
portions of the Common School Fund as have not heretofere 
been entrusted to the several counties, and shall make provision, 
by law, for the distribution among the several counties of the 



SCHOOL LAW OF INDIANA. 53 

interest thereof. (R. S. 1881, § 185 ; E. S. 1894, § 185 ; R. S. 
1897, § 185.) 

1. "Invest" Defined. The word "invest" is construed as broad enough 
to cover loans made by counties, and that the fund may be entrusted to them for 
that purpose, but it does not restrict to that mode of investment. — Shoemaker ■». 
Smith, 37 Ind. 122. 

5. Reinvestment. 5. If any county shall fail to demand 
its proportion of such interest, for Common School purposes, 
the same shall be reinvested for the benefit of such county. 

(R. S. 1881, § 186 ; R. S. 1894, § 186 ; R. 8. 1897, § 186.) 

6. Counties — Liability. 6. The several counties shall be 
held liable for the preservation of so much of said fund as may 
be entrusted to them, and for the payment of the annual inter- 
est thereon. (R. S. 1881, § 187 ; R. S. 1894, § 187 ; R. S. 1897, 

§ 187.) 

1. Rents. A county is liable for rents derived from unsold congressional 
township land. — Davis v. Board, 44 Ind. 38. 

2. Stjit. An action may be sustained in the name of the State on the rela- 
tion of the Board of County Commissioners to recover rent received by a Town- 
ship Trustee for the lease of unsold school lands belonging to the sixteenth section, 
and not paid by such Trustee into the county treasury. — Davis v. Board, 44 Ind. 
38 ; Davis v. Indiana, 94 U. S. (4 Otto) 792. 

3. Money for the Eent of Unsold School Lands. Money derived from 
the rents of unsold school lands belonging to the sixteenth section is to be paid 
into the county treasury, to insure its just and equitable distribution to the inhab- 
itants of the congressional township in which such section lies. — Davis v. Board, 
44 Ind. 38. 

4. Policy of the Law. It is the policy of the law that all school revenues 
are to be distributed to the beneficiaries thereof through and from the county 
treasury to the proper officers of the various school corporations — cities, towns 
and civil townships. — Davis v. Board, 44 Ind. 38. 

7. Trust Funds inviolate. 7. All trust funds held by the 
State shall remain inviolate, and be faithfully and exclusively 
applied to the purposes for which the trust was created. (R. S. 

1881, §188; R. S. 1894, §188; R. S. 1897, § 188.) 

1. Expense of Management. The Constitution requires the counties to 
bear the expense of managing the School Fund ; and if they pay out any part of 
the fund for such expense they are liable to make the loss good. — Board' v. State, 
103 Ind. 497; Vanarsdall v. State, 65 Ind. 176; State v. Board, 90 Ind. 359; 
Board v. State, 116 Ind. 329. 

2. Direct Trust — Statute of Limitations Inoperative. The county, in 
receiving and disbursing the School Fund, acts as the trustee of a direct trust, and 



54 SCHOOL LAW OF INDIANA. 

against such trust the defense of the statute of limitations can not be interposed. — 
Board v. State, 103 Ind. 497; Board v. State, 106 Ind. 270. 

3. Settlement Between Commissioners and County Officer Does ISTot 
Conclude the State. A settlement between the Board of Commissioners and a 
County Auditor or other county officer does not conclude the State from maintain- 
ing an action to recover school funds unlawfully paid to an officer by the board. — 
Board v. State, 103 Ind. 497; Board v. State, 106 Ind. 270; Board i;. State, 116 
Ind. 329 ; Board v. State, 106 Ind. 531. 

4. Duty of Commissioners — Fees — Counsel — Interest. It is the duty of 
the Board of Commissioners to prosecute an action against a Township Trustee 
who refuses to account for the income of land belonging to the Congressional 
Township Fund, and in the discharge of that duty it is proper for the Board to 
employ attorneys and pay reasonable fees for their services out of the pi-oper 
funds ; but such fees can not be paid out of the moneys recovered in such pro- 
ceedings, as such moneys, under the compact betAveen the United States and the 
State of Indiana, and under Section 3 of Article 8 of the State Constitution (Sec- 
tion 3 abo%'e), are inviolably appropriated to the inhabitants of the proper town- 
ship for the use of the common schools, and for any deduction made therefrom 
for attorneys' fees or otherwise the county is liable, under Sections 6 and 7 of the 
article cited (Sections 6 and 7 above), with interest from the date of diversion. 
Attorneys' fees should be paid out of the general county fund. — -Board v. State, 
116 Ind. 329. 

5. The Grant Was a Contract. The grant, by Congress, of the sixteenth 
section to the inhabitants of the Congressional townships, respectively, was a con- 
tract executed and incapable of revocation by the Legislature.- — State v. Spring- 
field Tp., 6 Ind. 83; Quick v. Whitewater Tp., 7 Ind. 570; Quick v. Springfield 
Tp., 7 Ind. 636; Springfield Tp. v. Quick, 22 How. 56. The School Law of 1855 
was held valid. — Quick v. Springfield Tp., 7 Ind. 636. 

8. Superintendent of Public Instruction. 8. The Gen- 
eral Assembly shall provide for the election, by the voters of 
the State, of a State Superintendent of Public Instruction, who 
shall hold his office for two years, and whose duties and com- 
pensation shall be prescribed by law. (R. S. 1881, § 189 ; R. S. 
1894, §189; R. S. 1897, § 189.) 



SCHOOL LAW OF INDIANA. 



55 



CHAPTER II. 



SUPERINTENDENT OF PUBLIC INSTRUCTION. 



Sec 




Sec 




9. 


Superintendent. 


16. 


Supervision of school funds 


10. 


Commencement of term — Oath. 


17. 


May require reports. 


11. 


Duties— Office— Clerks. 


18. 


Blanks and forms. 


12. 


Report to Governor. 


19. 


Forms of bookkeeping. 


13. 


Report to General Assembly. 


20. 


Shall publish School Law. 


14. 
15. 


Duties. 

Traveling expenses. 


21. 


Journals, etc., to Libraries. 



[1865, p. 3. Approved and in force March 6, 1865.] 

9. Superintendent — Election. 119. There shall be elected 
by the qualified voters of the State, at a general election, a State 
Superintendent of Public Instruction, who shall hold his ofiice 
for two years. (R. S. 1881, § 4406 ; R. S. 1894, § 5835 ; R. S. 1897, 
§ 5997.) 

1. Salary. The salary of the State Superintendent of Public Instruction is 
13,000 per annum.— Acts 1901, p. 117. 

10. Commencement of term — Oath. 120. His official 
term shall commence on the fifteenth day of March succeeding 
his election. He shall take and subscribe the oath prescribed 
by law ; which proceeding shall in all things conform to the law 
relative to the oaths of pubUc ofiicers. (R. S. 1881, § 4407; R. 
S. 1894, § 5836 ; R. S. 1897, § 5998.) 

11. Duties — Office — Clerks. 121. The Superintendent 
shall be charged with the administration of the system of pub- 
lic instruction and a general superintendence of the business re- 
lating to the common schools of the State, and of the school 
funds and school revenues set apart and appropriated for their 
support. A suitable office shall be furnished for him at the seat 
of government, in which the books, papers and effects relating 
to the business of said office shall be kept ; and there he shall 
give reasonable attendance to the business and duties of the 
office. He shall render an opinion, in writing, to any school 
officer asking the same, touching the administration or construc- 
tion of the school law. He is hereby authorized to employ two 
clerks for said office, to be paid as the clerks of the office of 



56 SCHOOL LAW OF INDIANA. 

the Auditor of State are paid ; and the sum of eighteen hun- 
dred dollars is hereby annually appropriated for that purpose. 

(E. S. 1881, § 4408 ; E. S. 1894, §_ 5837 ; E. S. 1897, § 5999.) 

1. Additional Clerk. The General Assembly, upon the passage of the 
school book law, provided for an additional clerk, which has been continued by 
subsequent Legislatures. 

2. Opinions. He is not bound to give opinions except to school officers — 
that is county auditors, county treasurers and superintendents, township trustees, 
school directors, and school trustees of towns and cities. But the courtesy of 
Superintendents has established the custom of answering questions touching the 
construction and administration of the school laws for all who need such inform- 
ation. 

2. His Opinions not a Defense. It has been decided that depositing 
funds in a solvent bank, by advice of State and county superintendents and county 
board, if loss result, is no defense to the trustee depositing. — Tnglis v. State, 61 
Ind. 212. 

12. Report to Governor. 122. In the month of January 
in each year in which there is no regular session of the General 
Assembly, he shall make a brief report, in writing, to the 
Governor, indicating, in general terms, the enumeration of 
the children of the State for common school purposes, the addi- 
tions to the permanent school fund within the year, the amount 
of school revenue collected within the year, and the amounts 
apportioned and distributed to the schools. (E. S. 1881, § 4409 ; 
E. S. 1894, § 5838; E. S. 1897, § 6101.) 

13. Report to General Assembly. 123. At each regular 
session of the General Assembly, on or before the fifteenth day 
of January, said Superintendent shall present a biennial report 
of his administration of the system of public instruction, in 
which he shall furnish a brief exhibit — 

First. Of his labors, the results of his experience and observ- 
ation as to the operation of said system, and suggest the remedy 
for observed imperfections. 

Second. Of the amount of the permanent school funds, and 
their general condition as to safety of manner of investment ; 
the amount of revenue annually derived therefrom, and from 
other sources ; estimates for the following two years ; and the 
estimated value of all other property set apart or appropriated 
for school purposes. 

Third. Of such plans as he may have matured for the better 
organization of the schools, and for the increase, safe invest- 



SCHOOL LAW OF INDIANA. 57 

merit, and better preservation and management of the perma- 
nent school funds, and for the increase and more economical 
expenditure of the revenue for tuition. 

Fourth. He shall present a comparison of the results of the 
year then closing with those of the year next preceding, and, 
if deemed expedient, of years preceding that, so as to indicate 
the progress made in the business of public instruction. 

Fifth. He shall furnish such other information relative to the 
system of public instruction — the schools, their permanent 
funds, annual revenues, etc., as he may think to be of interest 
to the General Assembly. 

He shall append to said report statistical tables, compiled 
from the materials transmitted to his office by the proper officers, 
with proper summaries, averages and totals appended thereto. 
He shall append a statement of the semi-annual collections of 
school revenue, and his apportionment thereof; and, when he 
deems it of sufficient interest to do so, he shall append extracts 
from the correspondence of school officers, tending to show 
either the salutary or defective operation of the system or of 
any of its parts ; and shall cause ten thousand copies to be 
printed and distributed to the several counties of the State. 
(R. S. 1881, § 4410 ; R. S. 1894, § 5839 ; R. S. 1897, § 6102.) 

14. Duties. 124. He shall visit each county in the State 
at least once during his term of office, and examine the Audi- 
tor's books and records relative to the school funds and revenues, 
with a view to ascertain the amount and the safety and preser- 
vation of said funds and revenues; and for that purpose he 
shall have access to, and full power to require for inspection the 
use of the books and papers of the Auditor's office. When- 
ever he may discover that any of the school funds are unsafely 
invested and unproductive of school revenue, or that any of 
the school revenues have been diverted from their proper ob- 
jects, he shall report the same to the General Assembly. He 
shall meet with such school officers as may attend his appoint- 
ment, counseling Avith the teachers, and lecturing upon topics 
calculated to subserve the interests of popular education. (R. 
S. 1881, §4411 ; R. S. 1894, § 5840 ; R. S. 1897, § 6103.) 

15. Traveling expenses. 125. He shall receive, for trav- 
eling and other expenses while traveling on the business of the 



58 SCHOOL LAW OF INDIANA. 

department, a sum not exceeding six hundred dollars per annum ; 
and an appropriation of that amount is hereby made for that 
purpose, annually. (E. S. 1881, §4412; E. S. 1894, §5841; E. 
S. 1897, § 6104.) 

16. Supervision of school funds. 126. He shall exercise 
such supervision, over the school funds and revenues as may be 
necessary to ascertain their safety, and secure their preservation 
and application to the proper object; and cause to be instituted 
in the name of the State of Indiana, for the use of the proper 
fund or revenue, all suits necessary for the recovery of any 
portion of said funds or revenues. It is hereby made the duty 
of the proper Circuit Prosecuting Attorney to prosecute all 
such suits at the instance of the Superintendent, and without 
charge against said funds or revenue. (E. S. 1881, §4413; E. 
S. 1894, §5842; E. S. 1897, §6105.) 

17. May require reports. 127. He may require of the 
County Auditors, County Superintendents, County Treasurers, 
Trustees, Clerks and Treasurers, copies of all reports required 
to be made by them, and all such other information in relation 
to the duties of their respective offices, so far as they relate to 
the condition of the school funds, revenues and property of the 
common schools and the condition and management of such 
schools, as he may deem important. (E. S. 1881, §4414; E. S. 
1894, §5843; E. S. 1897, §6106.) 

18. Blanks and Forms. 128. He may prepare, and trans- 
mit to the proper officers, suitable forms and regulations for 
making all reports, and the necessary blanks therefor, and all 
necessary instructions for the better organization and govern- 
ment of common schools, and conducting all necessary proceed- 
ings under this act. (E. S. 1881, § 4415 ; E. S. 1894, § 5844 ; E. 
S.\897, § 6107.) 

19. Forms of bookkeeping. 102. Forms and modes of 
bookkeeping shall, from time to time, be prescribed for County 
Ai'ditors and County Treasurers by the State Superintendent 
of Public Instruction. (E. S. 1881, § 4416 ; E. S. 1894,' § 5845 ; 
E. S. 1897, § 6108.) 



SCHOOL LAW OF INDIANA. 59 

20. Shall publish school laws. 129. He shall cause as 
many copies of the acts of the General Asseml)ly in relation to 
the common schools or the school funds, with necessary forms, 
instructions, and regulations, to be from time to time printed 
and distributed among the school townships as he shall deem 
the public good requires. (R. S. 1881, §4417; E. S. 1894, § 5846 ; 
R. S. 1897, § 6109.) 

21. Journals, etc., to libraries. 130. He shall supply 
each common school library with the Legislative and Docu- 
mentary Journals, and the acts of each session of the General 
Assembly, and his OAvn annual reports. At the expiration of 
his term of office he shall deliver to his successor possession of 
the office, and all books, records, documents, papers, and other 
articles pertaining or belonging to his office. (R. S. 1881, 
§4418; R. S. 1894, §5847; R. S. 1897, §6110.) 



CHAPTER III. 



STATE BOARD OF EDUCATION. 

Sec. 

22. State Board of Education. 

23. Duties and powers. 



Sec. 

24. State certificate. 

25. Pay and mileage of Board. 



[1S99, p. 426. Approved March 4, 1899. In force April 28, 1899.] 

22. State Board of Education. 153. The Governor of 
the State, the State Superintendent of Public Instruction, the 
President of the State University, the President of Purdue 
University, the President of the State JSTormai School, the Su- 
perintendent of Common Schools of the three largest cities in 
the State, and three citizens of prominence actively engaged in 
educational w^ork in the State, appointed by the Governor, at 
least one of whom shall be a County Superintendent, none of 
whom shall be appointed from any county in which any other 
member of the State Board of Education resides, or from which 
any other member was appointed, shall constitute a board 
to be denominated the Indiana State Board of Education. The 
three members to be appointed by the Governor shall be ap- 
pointed immediately upon the taking effect of this act. One of 
such members shall be appointed for one year, one for two 
years and one for three years from the date of his appointment, 
and each of said appointees shall serve until his successor shall 
have been appointed and qualified ; and after the first appoint- 



60 SCHOOL LAW OF INDIANA. 

ment the Governor shall annually appoint one such member 
to serve for the term of three years, to take the place of the 
member whose term shall have then expired; and the Governor 
shall further have power to fill all vacancies that may occur in the 
office of any such member who holds his oflice by appointment 
from the Governor. The size of the cities shall, for this purpose, 
be determined by the enumeration of children for school 
purposes annually reported by school examiners to the Super- 
intendent of Public Instruction. The Superintendent of Public 
Instruction shall, ex-officio,, be President of the Board, and in his 
absence the members present shall elect a President pro tem- 
pore. The Board shall elect one of its members Secretary and 
Treasurer, who shall have the custody of its records, papers and 
effects, and shall keep minutes of its proceedings : Provided, 
That such records, papers, efl'ects and minutes shall be kept 
at the office of the Superintendent, and shall be open for his in- 
spection. The said Board shall meet upon the call of the Presi- 
dent, or a majority of its members, at such place in the State as 
may be designated in the call, and shall devise, adopt and pro- 
cure a seal, on the face of which shall be the words " Indiana 
State Board of Education,'" and such other device or motto as 
the Board may direct, an impression and written description of 
which shall be recorded on the minutes of the Board and filed 
in the office of the Secretary of State, which seal shall be used 
for the authentication of the acts of the Board and the impor- 
tant acts of the Superintendent of Public Instruction. 

1. The First Board. When first created in 1852 the Board consisted of the 
Superintendent of Public Instruction and the Governor, Secretary, Treasurer and 
Auditor of State. In 1855 the Attorney-General was added. It remained merely 
a board of State officers, but little interested in or conversant with educational 
affairs, and exerting no appreciable influence, till 1865, when the membership was 
constituted as at present, except the President of Purdue University, who was 
added in 1875. As a board of professional educators, independent of politics, 
it has been a valuable agent in our educational progress. 

2. Board of School Book Commissioners. The members of the State Board 
of Education are also, by virtue of their office, members of the State Board Com- 
missioners for School Books. See Sec. 26. 

[1865, p. 3. Approved and in force March 6, 1865.] 

23. Duties and powers. 154. Said Board, at its meet- 
ings, shall perform such duties as are prescribed by law, and 
may make and adopt such rules, by-laws and regulations as 
may be necessary for its own government, and for the complete 



SCHOOL LAW OP INDIANA. 61 

carrying into effect the provisions of the next section of this 
act, and not in conflict with the laws of the State, and shall 
take cognizance of such questions as niaj" arise in the practical 
administration of the school system not otherwise provided for, 
and duly consider, discuss, and determine the same. (R. S. 1881, 
§ 4421 ; R. S. 1894, § 5850 ; R. S. 1897, § 6113.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

24. State certificates. 155. Said Board may grant State 
certificates of qualification to such teachers as may, upon a 
thorough and critical examination, be found to possess eminent 
scholarship and professional ability, and shall furnish satisfac- 
tory evidence of good moral character. They shall hold stated 
meetings, at which they shall examine all applicants, and those 
found to possess the qualifications herein above named shall re- 
ceive such certificate, signed by the President of the Board, and 
impressed with the seal thereof; and the said certificate shall 
entitle the holder to teach in any of the schools of the State 
without further examination, and shall also be valid during the 
lifetime of said holder, unless revoked by said Board. Each 
applicant for examination shall, on making application, pay to 
the Treasurer of the Board five dollars as a fee. (R. S. 1881, 
§ 4422 ; R. S. 1894, § 5851 ; R. S. 1897, § 6114.) 

GRADES OF LICENSES ISSUED BY THE STATE BOARD OF 
EDUCATION. 

I. Life State License fob Graduates of Higher Institutions of Learn- 
ing ONLY. The State Board of Education revised its rules governing applicants 
for Life State Licenses by the addition of the following resolutions : 

Resolved, That the rules of the State Board of Education relating to examina- 
tions for and the granting of Life State Licenses, shall be and are hereby amended 
by the addition of the following: All graduates of higher institutions of learn- 
ing in Indiana, or other institutions of equal rank in other States approved by 
this Board, which require graduation from Commissioned High Schools, or the 
equivalent of the same, as a condition of entrance, which maintain standard 
courses of study of at least four years, and whose work, as to scope and quality, 
is approved by the State Board of Education, shall, on complying with the con- 
ditions enumerated below, be entitled to Life State Licenses to teach in Indiana: 
Provided, however, That graduation by the applicant shall have been accomplished 
by not less than three years' resident study and by thorough, extended examina- 
tions in all subjects pursued privately and for which credit has been gived by the 
institution: And, provided further. That the requirement as to three years' resident 
study shall apply only to applicants graduating after January 18, 1900. 

First. Such applicants must have held one or more Sixty Months' Licenses 
or a Professional License. 



62 SCHOOL LAW OF INDIANA. 

Second. They must present to the State Board of Education satisfactory 
written testimonials from competent superintendents, special supervisors, teachers, 
or other school officials to the effect that they have taught and managed a school 
or schools successfully for a period of not less than thirty months, at least ten of 
which shall have been in Indiana. 

Third. They must pass through satisfactory examinations in any three of the 
following subjects: (1) General History of Education; (2) The School System 
and the School Law of Indiana; (3) Educational Psychology; (4) Experimental 
Psychology and Child Study ; (5) Leading School Systems of Europe and America ; 
(6) Science of Education, and (7) The Principles and Methods of Instruction. 

Fourth. Before entering ujaon the examination, such applicants shall present 
to the State Board of Education satisfactory evidence of good moral character, 
and shall pay five dollars each (the fee prescribed by law) which can in no case 
be refunded. Examinations in the subjects named above may be taken on the 
last Saturday of April. 

Fifth. A license will be granted to those who make a general average of 75 
per cent., not falling below 65 per cent, in any subject. 

II. and III. For Applicants not Graduates op Higher Institutions of 
Learning. Life State and Professional. 

Examinations for these licenses will be conducted in the months of March 
and April. 

Section 1. Subjects for March: Algebra, Civil Government, American. 
Literature, Science of Education, and two of the following three subjects — Ele- 
ments of Physics, Elements of Botany, and Latin (Latin Grammar, two books of 
Caisar and two of Virgil). A satisfactory examination on the above entitles the 
applicant to a Professional License, valid in any Indiana school for eight years. 

Section 2. Subjects for April : Geometry, Ehetoric, General History, Eng- 
lish Literature, Physical Geography, and two of the following three subjects — 
Chemistry, Geology, and Zoology. A satisfactory examination on both 1 and 2 
entitles the applicant to a Life State License. 

The following requirements govern the application for Life State and Pro- 
fessional Licenses : 

1. Applicants for Life State and Professional Licenses must have held two 
thirty-six months' licenses in Indiana, or an equivalent in another State, obtained 
by actual examination, and must have taught successfully at least forty-eight 
months, which fact shall be properly certified to and sent with the manuscripts to 
the State Board of Education. 

Before entering upon the examination, applicants shall present to the Ex- 
aminer satisfactory evidence of good moral character and professional ability. 
Applicants for Life State License shall pay five dollars each (the fee prescribed 
by law), which can in no case be refunded. 

2. Applicants for Professional License will take the March examination 
only. 

3. No fee is required of applicants for Professional License. 

4. A license will be granted to those who make a general average of seventy- 
five per cent., not falling below sixty per cent, in any subject, and who present 
satisfactory evidence of professional ability and good moral character. 

5. An applicant for a Life State License failing in the examination for the 
same, but who will have met all the requirements for a Professional License, shall 
receive such license, or if he reach the required average for a Professional License,, 



SCHOOL LAW OF INDIANA. 63 

but fall below the standard per cent, in one subject, he may be conditioned in 
such subject, and may be granted a Professional License, on the same conditions 
as if he had originally applied for a license of this class. 

6. An applicant is "conditioned," that is, he may complete the work at the 
next regular examination, if he make the required general average and pass suc- 
cessfully upon all the branches except one, required for the license applied for. 
A statement setting forth this fact will be furnished such "conditioned" appli- 
cant, who must 23resent the same to the County Superintendent, who will forward 
it with the conditioned manuscript to this Department. 

WHERE THE EXAMINATIONS MAY BE TAKEN. 

(a) Applicants for a Professional License will be examined by the County 
Superintendents on the last Saturday of March. The papers will be graded by 
the State Board of Education. All questions are furnished by the State Board of 
Education. 

(b) Applicants for a Life State License may be examined by members of the 
■State Board of Education at any one of the following places on the last Saturday 
■of April : 

1. In the Department of Public Instruction, State House. 

2. In the office of the City Superintendent of Schools, Fort Wayne. 

3. In the office of the City Superintendent of Schools, Evansville. 

4. In the office of the County Superintendent of Schools, Valparaiso. 
0. In the office of the County Superintendent of Schools, Bichmond. 

6. In the office of the County Superintendent of Schools, Terre Haute. 

7. In the office of the County Superintendent of Schools, Lafayette. 

8. In the office of the City Superintendent of Schools, Seymour. 

9. In the office of the City Superintendent of Schools, Bloomington. 

[1873, p 68. Approved and in force March 8, 1873.] 

25. Pay and mileage of Board. 156. The members of 
said Board, other than the Governor and State Superintendent 
of PubHc Instruction, shall he entitled to receive for their 
services, while actually engaged in the duties of their office, 
live dollars per day and five cents per mile necessarily traveled 
while so engaged ; which amount shall be certified by the Board 
to the Auditor of the State, who shall draw his warrant therefor, 
payable out of the general fund, which sum shall be reimbursed 
to the general fund by the Treasurer of the Board paying into 
it that amount out of the money received by him as fees for 
certificates; and if there be any residue of money received as 
such fees, it shall be expended by the Superintendent of Public 
Instruction in the purchase of suitable books for an office 
library. Said Board shall be allowed the necessary expenses 
incurred in the discharge of the duties recjuired of the same, 
for clerk hire, postage, etc. ; which expenses shall be paid as 
the expenses of the members of the Board are paid. (R. S. 
1881, § 4423 ; R. S. 1894, § 5852 ; R. S. 1897, § 6115.) 



64 



SCHOOL LAW OF INDIANA. 



CHAPTER IV. 



SCHOOL BOOKS. 



Sec. 


Sec 


26. 


State Board of Education a Board of 


51. 




School Book Commissioners. 


52. 


27. 


Advertise for bids. 


53. 


28. 


Open bids. 


54. 


29. 


May procure manuscripts. 


55. 


30. 


State not liable. 


56. 


31. 


Governor's proclamation. 




32. 


Trustee's duty. 


57. 


88. 


Quarterly reports. 


58. 


34. 


Superintendent to enter suit. 


59. 


35. 


Superintendent's special bond. 


60. 


36. 


Reports to contractors. 




37. 


Sale for more than contract price a mis- 
demeanor. 


61. 


38. 


Embezzlement. 


62. 


39. 


Appropriation— Laws repealed. 




40. 


Advertise for bids. 


63. 


41. 


Trustees to make requisitions first 






Monday of June. 


64. 


42. 


Trustees to acknowledge receipt of 






books. 


65. 


43. 


Books for poor or indigent children. 




44. 


Reports to Commissioners and County 


66. 




Superintendent. 


67. 


45. 


Appropriation. 


68. 


46. 


Suit on Trustee's bond. 




47. 


County Superintendent's special bond. 


69. 


48. 


Superintendent's report to contractor. 


70. 


49. 


Failure to report— Embezzlement. 


71. 


50. 


Books to be uniformly used. 


72. 



Duty of contractor. 

Name and price of books on cover. 

State Superintendent's duty. 

Act supplemental. 

Contractors to file consent. 

Sale to merchants or dealers — Trustee's 

report. 
Ofiicers to supply suflRcient books. 
Duty of merchants and dealers. 
County Superintendent to make report, 
Ofiicers failing to report — Right of 

action. 
Failure to report at expiration of term — 

Embezzlement. 
Sale for more than contract price a mis- 
demeanor. 
Contractors to file consent for revision 

of books. 
Author to revise — County and State 

Superintendent to scale requisition. 
Intermediate grammar or language 

lessons. 
State Board to meet — Notice. 
Frequency of revision — Geographies. 
Standard of revision — Contractor's 

bond. 
Appropriation, 
New bond. 

State Superintendent's duty. 
Act supplemental. 

[1889, p. 74. Became a law by lapse of time without the Governor's approval, March 2, 1889.] 

26. State Board of Education a Board of School Book 
Commissioners. 1. The State Board of Education shall coii- 
stitnte a Board of Commissioners for the purpose of making a 
selection, or procuring the compilation for use in the common 
schools of the State of Indiana, of a series of text-books in the 
following branches of study, namely : Spelling, reading, arith- 
metic, geography, English grammar, physiology, history of the 
United States, and a graded series of Avriting books. The 
matter contained in the readers shall consist of lessons com- 
mencing with the simplest expression of the language, and by 
a regular gradation advancing to and including the highest 
style of composition both in poetry and prose : Provided, That 



SCHOOL LAW OF INDIANA. 65 

none of said text-books shall contain anything of a partisan or 
sectarian character : And, provided further, That the foregoing 
books shall be at least equal in size and quality as to matter, 
material, style of binding and mechanical execution, to the 
following text-books now in general use, namely : The speller to 
McGuifey's Spelling-book, the reader to Appleton's Eeaders, 
the arithmetic to Eaj^'s l^ew Arithmetic Series, the geographies 
to the Eclectic Series of Geographies, the grammar to Harvey's 
Grammar, the physiology to Dalton's Physiology, the history 
of the United States to Thalheimer's History of the United 
States, and the writing-books equal to the Eclectic Copy-books. 
(R. S. 1894, § 5853 ; R. S. 1897, § 6269.) 

■ 1. Constitutional. This act is constitutional. It is not void on the ground 
that it creates a monopoly, nor on the ground that it confers a special privilege. 
—State V. Haworth, 122 Ind. 462. 

2. Choice of Books. The Legislature has the power to require a designated 
series of books to be used in the public schools, and to require that the books 
selected shall be obtained by the school officers from the person to whom the con- 
tract for supplying them may be awarded. It may not only prescribe regulations 
for using the books designated, but it may also declare how the books shall be 
obtained and distributed. — State v. Haworth, 122. Ind. 462. 

27. Advertise for bids. 2. The said Board of Commis- 
sioners shall, immediately upon the taking effect of this act, 
advertise for twenty-one consecutive days in two daily papers 
published in this State, having the largest circulation, and in 
one newspaper of general circulation in the cities of New York, 
Philadelphia, Cincinnati, Chicago and St. Louis that at a time 
and place to be fixed by said notice, and not later than six 
months after the first publication thereof, said board will receive 
sealed proposals on the following : 

First. From publishers of school text-books, for furnishing 
books to the school trustees of the State of Indiana for use in 
the common schools of this State, as provided in this act, for a 
term of five years, stating specifically in such bid the price at 
which each book will be furnished, and accompanying such bid 
with specimen copies of each and all books proposed to be fur- 
nished in such bid. 

Second. From authors of school text-books, who have manu- 
scripts of books not published, for prices at which they will sell 
their manuscript, together vnth the copyright of such books, 
for use in the public schools of the State of Indiana. 
5 — vScH. Law. 



6Q SCHOOL LAAV OF INDIANA. 

Third. From persons who are willing to undertake tlie com- 
pilation of a book or books, or a series of books, as provided 
for in section one (1) of this act, the price at which they are 
willing to undertake such compilation of any or all of such 
books, to the acceptance and satisfaction of the said Board of 
Commissioners : Provided, That any and all bids by publishers, 
herein provided for, must be accompanied by a bond in the 
penal sum of fifty thousand dollars, with resident freehold 
surety, to the acceptance and satisfaction of the Governor of 
this State, conditioned that if any contract be awarded to any 
bidder hereunder, such bidder will enter into a contract to per- 
form the conditions of his bid to the acceptance and satisfaction 
of said board : And jwovided further, That no bid shall be con- 
sidered unless the same be accompanied by the affidavit of the 
bidder that he is in nowise, directly or indirectly, connected 
with an}^ other publisher or firm who is now bidding for books 
submitted to such board, nor has any pecuniary interest in any 
other publisher or firm bidding at the same time, and that he is 
not a party to any compact, syndicate or other scheme whereby 
the benefits of competition are denied to the people of this 
State : And he it further j^rovided, That if any competent author 
or authors shall compile any one or more books of the first 
order of excellence, and shall ofiler the same as a free gift to the 
people of this State, together with the copyright of the same 
and the right to manufacture and sell such works in the State 
of Indiana for use in the public schools, it shall be the duty of 
such Board of Commissioners to pay no money for any manu- 
script or copyright for such book or books on the subject treated 
of in the manuscript so donated ; and such board shall have the 
right to reject any and all bids, and at their option such board 
shall have the right to reject any bid as to a part of such books, 
and to accept the same as to the residue thereof. (R. S. 1894, 
§5854; E. S. 1897, § 6270.) 

28. Open bids. 3. It shall be the duty of such board to 
meet at the time and place mentioned in such notice, and open 
and examine all sealed proposals received pursuant to the notice 
provided for in section two (2) of this act, and it shall be the 
further duty of such board to make a full, complete and thor- 
ough investigation of all such bids or proposals, and to ascertain 



SCHOOL LAW OF mDIANA. 67 

under which of said proposals or propositions the school books 
could be furnished to the people of this State for use in the 
common schools at the lowest price, taking into consideration 
the size and quality, as to matter, material, style of binding, 
and mechanical execution of such books : Provided, alioays, That 
such board shall not, in any case, contract with any author, 
publisher or publishers, for the furnishing of any book, manu- 
script, copyright, or books, which shall be sold to patrons, for 
use in the public schools of this State, at a price above, or in 
excess of, the following, which prices shall include all cost and 
charges for the transportation and delivery to the several County 
School Superintendents in this State, namely : for a spelling 
book, ten (10) cents ; for a first reader, ten (10) cents ; for a 
second reader, fifteen (15) cents; for a third reader, twenty-five 
(25) cents; for a fourth reader, thirty (30) cents; for a fifth 
reader, forty (40) cents ; for an arithmetic, intermediate, thirty- 
five (35) cents ; for an arithmetic, complete, forty-five (45) cents ; 
for a geography, elementary, thirty (30) cents ; for a geography, 
complete, seventy-five (75) cents ; for an English grammar, ele- 
mentary, twenty-five (25) cents ; for an English grammar, com- 
plete, forty (40) cents ; for a physiology, thirty-five (35) cents ; 
for a history of the United States, fifty (50) cents ; for copy 
books, each, five (5) cents. (R. S. 1894, § 5855 ; R. S. 1897, 
§ 6271.) 

29. May procure manuscripts. 4. If, upon the examina- 
tion of such proposals, it shall be the opinion of such Board of 
Commissioners that such books can be furnished cheaper to the 
patrons for use in the common schools in the State, by procuring 
and causing to be published the manuscript of any or all of such 
books, it shall be their duty to procure such manuscript and to 
advertise for sealed proposals for publishing the same, in like 
manner as hereinbefore provided and under the same conditions 
and restrictions. And such contract may be let for the publica- 
tion of all of such books, or for any one or more of such books 
separately ; and it shall be the further duty of such Board of 
Commissioners to provide in the contract for the publication of 
any such manuscript for the payment, by the publisher, of the 
compensation agreed between such board and the author or 
owner of any such manuscript for such manuscript, together with 



68 SCHOOL LAW OF INDIANA. 

the cost or expense of copyrigliting the same. (R. S. 1894, 
§5856; R. S. 1897, §6272.) 

30. State not liable. 5. It shall be a part of the terms and 
conditions of every contract made in pursuance of this act that 
the State of Indiana shall not be liable to an}" contractor here- 
under for any sura whatever; but that all such contractors shall 
receive their pay and compensation solely and exclusively from 
the proceeds of the sale of the books, as provided for in this act. 
(R. S. 1894, § 5857 ; R. S. 1897, § 6273.) 

31. Governor's proclamation. 6. As soon as such board 
shall have entered into any contract for the furnishing of books 
for use in the public schools of this State, pursuant to the pro- 
visions of this act, it shall be the duty of the Governor to issue 
his proclamation announcing such fact to the people of this 
State. (R. S. 1894, § 5858; R. S. 1897, §'6274.) 

32. Trustee's duty. 7. When such proclamation shall 
have been duly issued, it shall be the duty of the School 
Trustees of each and every school corporation in this State, 
within thirty days thereafter, and at such other times as books 
may be needed for use in the public schools of their respective 
corporations, to certify to the County Superintendent of their 
respective counties the number of school text-books provided 
for in such contract required by the children for use in the 
schools of their several school corporations. Such County 
Superintendent shall forthwith make such requisition for books 
as the schools in the said several counties may require upon the 
State Superintendent of Public Instruction, and that said State 
Superintendent of Public Instruction shall immediatel}" there- 
after make a requisition for said books upon the contractor, 
who shall, within ninety days, ship the books so ordered 
directly to the County School Superintendents of the several 
counties of this State. Upon the receipt of such books it shall 
be the duty of such County School Superintendents to immedi- 
ately notify all the School Trustees of the school corporations, 
as shown by the last school enumeration of their counties, of 
the receipt of such books. It shall then be the duty of such 
School Trustees to immediately procure and take charge and 
custody of all the books assigned to their several school corpo- 



SCHOOL LAW OP INDIANA. 69 

rations, receipting therefor, to the said County School Superin- 
tendent ; and, upon the receipt of such books by said School 
Trustees, they shall furnish them, on demand, to the school 
patrons or school children of their respective corporations, at 
the price fixed therefor by the contract entered into between 
said Board of Commissioners and said contractor ; and it shall 
be the duty of such school officers to sell books for cash only ; 
and if they shall sell or dispose of any books other than for the 
cash price thereof, they shall be held personally liable, and liable 
upon their ofiicial bond for the price of such book or books : 
Provided, That any patron or pupil of any school or schools 
other than the public schools, and also any child between the 
ages of six and twenty-one years of age, or the parent, guardian 
or teacher of such child, shall have the right to purchase and 
receive the books, and at the prices herein named, by pajmient 
of the cash price thereof to the School Superintendent of any 
county in this State, and it is hereby made his duty to make 
requisition upon the contractor for any and all books so ordered 
and paid for by any such person or persons : And, j^rovided 
further, That nothing in this act shall operate to prevent the 
State Board of Education, Boards of School Trustees or Boards 
of School Commissioners, from devising means and making 
arrangements for the sale, exchange or other disposition of such 
books as may be owned by the pupils of schools under their 
charge, at the time of the adoption of books under the provisions 
of this act. (R. S. 1894, § 5859 ; li. S. 1897, § 6275.) 

33. Quarterly reports. 8. At the expiration of three 
months after the receipt of such books by the County Superin- 
tendent, and every three months thereafter, it shall be the duty 
of each school trustee receiving and chargeable with books 
under the provisions of this act, to make a full and complete 
report to the County Superintendent of the number of books 
sold, and the amount of money received therefor, and the num- 
ber of books on hand ; and at the time of making such report 
he shall pay over to the County Superintendent all moneys re- 
ceived by him or with which he is chargeable, from the sales of 
books in his hands; which report shall be duly verified by the 
oath of the party making it. (R. S. 1894, § 5860; R. S. 1897, 
§ 6276.) 



70 SCHOOL LAW OF INDIANA. 

34. Superintendent to enter suit. 9. If, at the expira- 
tion of ten days from the time required by this act for the 
making of such report of any School Superintendent chargea- 
ble with books under this act, any such officer shall have failed, 
neglected or refused to make such report, or turn over any 
moneys with Avhich he is chargeable, it shall be the duty of the 
County School Superintendent, within fifteen days, to enter suit 
upon his official bond for an accounting and recovery of any 
moneys due from him on account of such books with w^hich he 
is chargeable; and all judgments recovered upon such bonds 
shall include a reasonable attorney's fee for the attorney prose- 
cuting such suit; and such judgment shall be without relief 
from valuation or appraisement laws, and shall be without stay 
of execution. (R. S. 1894, § 5861 ; R. S. 1897, § 6277.) 

35. Superintendent's special bond. 10. It shall be the 
duty of the several County School Superintendents of this 
State, within thirty days from the issuing of the proclamation 
by the Governor, as hereinbefore provided for, and of every 
County School Superintendent hereafter elected, before he 
enters upon the discharge of his official duties, to enter into a 
special bond, with at least two freehold sureties of such county, 
payable to the State of Indiana, conditioned that they will 
faithfully and honestly perform all the duties required of them 
by this act, and account for and pay over all moneys that may 
come into their hands, pursuant to the provisions of this act, in 
a penal sum which shall be equal in amount to one hundred 
dollars for every one thousand inhabitants of their respective 
counties as shown by the last census immediately preceding the 
giving of such bond, to be approved by the Board of Commis- 
sioners of their respective counties ; and upon the failure of any 
County School Superintendent to give such bond, his office shall 
become immediately vacant, and the Board of Commissioners 
of his county shall immediately appoint some competent and 
suitable person to fill such vacancy for the unexpired term of 
his office. (li. S. 1894, § 5862; R.'s. 1897, § 6278.) 

36. Reports to contractor. 11- It shall be the duty of 
each County School Superintendent in this State, within ten 
days after the quarterly reports of the school trustees, as here- 



SCHOOL LAW OF INDIANA. 71 

inbefore provided for, to make a full, true, complete and detailed 
report to the contractor of all books sold by the several school 
trustees of his county, and of the number of books in the 
hands of the trustees of each school corporation, which report 
shall be accompanied by all cash received by him from the 
school officers from sales of books by them sold, and which 
report shall be duly verified by him, and a duplicate thereof 
shall be filed in the office of the Auditor of his county. Upon 
the failure of any County School Superintendent to make the 
report and to transmit the cash, as required by this section, a 
right of action shall immediately accrue to the contractor 
against the said school superintendent and the sureties upon 
the bond provided for in this act, for an accounting and for the 
recovery of any moneys received and not transmitted by him, 
and for any damages Avliich may have resulted from his neglect 
or failure to comply with the provisions of this act, and any 
judgment upon any such bond shall include a reasonable fee 
for the attorney prosecuting such suit, and such judgment shall 
be without relief from valuation and appraisement laws, and 
shall be without stay of execution. (R. S. 1894, §5863; R. S. 
1897, § 6279.) 

37. Sale for more than contract price a misdemeanor. 

12. Any school trustee charged with the sales of any books 
under the provisions of this act, who shall directly or indirectly 
demand or receive any money for any book or books in excess 
of the contract price, as hereinbefore provided, shall be deemed 
guilty of a misdemeanor, and upon conviction thereof shall be 
fined in any sum not less than ten nor more than one hundred 
dollars, to which may be added imprisonment in the county jail 
for a term not exceeding sixty days. (E. S. 1894, § 5864; E. S. 
1897, § 6280.) 

38. Embezzlement. 13. Any county school superintend- 
ent or trustee of any township or school corporation in this 
State who shall fraudulently fail or refuse, at the ex23iration of 
the term for which he was elected or appointed, or at any time 
during such term, when legally required by the proper person 
or authority, to account for and deliver and pay over to such 
person or persons as may be lawfully entitled to receive the 



72 SCHOOL LAW OF INDIANA. 

same, all moneys or school books which may have come into 
his hands by virtue of the provisions of this act, shall be deemed 
guilty of embezzlement, and upon conviction thereof shall be 
imprisoned in the State prison for any period not more than 
five years nor less than one year, and fined in any sum not ex- 
ceeding one thousand dollars, and rendered incapable of hold- 
ing any office of trust or profit for any determinate period. 
(R. S. 1894, § 5865 ; R. S. 1897, § 6281.) 

39. Appropriation— Laws repealed. 14. The sum of one 

thousand dollars is hereby appropriated out of any funds in 
the State Treasury not otherwise appropriated, for the purpose 
of paying the cost and expenses incident to the giving of the no- 
tices herein provided for, and carrying out the provisions of this 
act. All laws and parts of laws in conflict with the provisions of 
this act are hereby repealed. (R. S. 1894, §5866; R. S. 1897, 
§ 6282.) 

ri891, p. 99. Approved and in force March 5, 1891.] 

40. Advertise for bids. 1. It shall be the duty of the 
Board of Commissioners, for the purpose of securing for use in 
the common schools of the State of Indiana of a series of text- 
books as constituted by the act of the General Assembly in this 
section mentioned, to immediately advertise for bids, and to act 
upon such bids as may be submitted for the furnishing for use 
in the common schools of the State of Indiana of a spelling- 
book, a primary physiology, a more advanced work on physiol- 
ogy and hygiene, an elementary grammar, a complete grammar, 
and a history of the United States. In advertising for such bids, 
and in acting upon any bid which may be submitted, such Board 
of Commissioners shall be governed, as far as possible, by the 
same terms, conditions and limitations concerning them, and 
shall require bidders and contractors to comply with all terms, 
conditions and hmitations concerning bidders or contractors, so 
far as applicable, as are contained in an act of the General Assem- 
bly of Indiana, entitled "An act entitled an act to create a Board 
of Commissioners for the purpose of securing for use in the com- 
mon schools of the State of Indiana of a series of text-books, 
defining the duties of certain officers therein named with refer- 
ence thereto, making appropriations therefor, defining certain 



SCHOOL LAW OF INDIANA. 73 

felonies and misdemeanors, providing penalties for the violation 
of the provisions of said act, repealing all laws in conflict there- 
with, and declaring an emergency." Acts of the General As- 
sembly of the State of Indiana, 1889, p. 74: Fromded, That the 
standard of Physiologies shall be Hutchinson's laws of health 
and Hutchinson's physiology and hygiene : And "provided further, 
That no bids shall be considered in which the price of a primary 
physiology shall exceed thirty cents for the volume, or in which 
a physiology and hygiene shall exceed sixty cents for the volume, 
or in which a history of the United States shall exceed sixty -five 
cents for the volume. (R. S. 1894, § 5867; E. S. 1897, § 6283.) 

41. Trustees to make requisitions first Monday of June. 

2. That it shall be the duty of the Township Trustees and 
School Boards of the State, severally, on the first Monday of 
June in each year, and at such intermediate times as the neces- 
sity therefor shall exist, after considering the number and kind 
of adopted books already sold in the corporation, the number 
and kind of such books on hand, and ascertaining from their 
teachers or Principal and Superintendent, as the case may be, 
the enrollment of scholars in the dififerent classes or grades of 
the schools of the corporation, to order such quantities of the 
books which the State has at that time adopted, as may seem to 
him, or to it, to be necessary for use in the schools of such cor- 
poration until the first day of June then next succeeding ; the 
estimate being based upon the information wdiich it is above 
provided shall be gathered, and on the advice of the County 
Superintendent : Provided, That the total orders for any school 
year of the books adopted heretofore, and those mentioned in 
section one of this act, shall not exceed the amount of one dol- 
lar for each child enumerated for school purposes in the corpora- 
tion : And provided further, That it shall be the duty of the State 
Superintendent to properly scale down any order for books 
which may pass through his hands in case that it shall seem 
clear to him that such order is for a quantity of books in excess 
of the needs of the corporation during the period for which such 
books were ordered. (R. S. 1894, § 5868 ; R. S. 1897, § 6284.) 

42. Trustees to acknowledge receipt of books. 3. 

Whenever an order for the books which the State has adopted, 



74 SCHOOL LAW OF INDIANA. 

or may adopt, shall have been filled by a contractor with the 
State, and the books delivered to the Township Trustee or 
School Board making such order, it shall -be the duty of such 
trustee or boards to immediately acknowledge the receipt of 
such books to the contractor, and also to make a report thereof 
to the County Superintendent, and it shall be lawful for any 
such trustee or school board to at once make payment for such 
books to the contractor, through the superintendent of the 
county, out of any school funds in excess of the needs of their 
respective townships or school corporations for current ex- 
penses, or other special needs, in the hands or control of such 
trustee or board, aside from the principal or interest of the 
common congressional school fund, or the "school revenue for 
tuition:" Provided, however, That no debt shall ever be con- 
tracted, or warrant, or other evidence of indebtedness, ever be 
issued by a trustee or board on account of a purchase of books : 
And, provided further, That whenever any books are paid for by 
any trustee or school board, such trustee or school board shall 
be liable. personally, and liable upon their ofiicial bonds, respec- 
tively, for the preservation, custody and safe keeping of all 
such books until the same are sold and accounted for, or other- 
wise disposed of according to law, "Whenever a book, paid for 
as aforesaid, is sold by a trustee or school board, it shall be the 
duty of such trustee or school board to turn the entire proceeds 
of such sale into the fund, out of which payment was made to 
the contractor, to reimburse the fund for such advancement. In 
case a trustee or school board receiving books from a contractor 
with the State shall not pay for such books, as provided in this 
section, he, or it, shall make quarterly reports under oath of the 
sale of such books, accompanied by all cash received therefor, 
to the County Superintendent, for transmission to the contractor, 
as now provided by law, until such books shall have been fully 
paid for. The provisions of this section shall apply to all orders 
heretofore filed : Provided, That if said trustee or board shall 
have on hands any books heretofore ordered, for which he, or 
it, may have no immediate use, the same shall, upon the order 
of the County Superintendent, or the State Superintendent of 
Public Instruction, be returned to the contractor, or be shipped 
to such other point as the contractor may direct, the contractor 
to pay all freight charges on such shipment ; and the County 



SCHOOL LAW OF INDIANA. 75 

Superintendent and such trustee or board shall, thereupon, have 
credit for such hooks so returned or shipped. (E.. S. 1894, 
§5869; E. S. 1897, §6285.) 

43. Books for poor or indigent children. 4. It shall 
be the duty of each Township Trustee and each School Board 
to furnish the necessary school books, so far as they have 
been or may be adopted by the State, to all such poor or indi- 
gent children as may desire to attend the common schools of 
his, or its, corporation, as in his, or its, opinion would be other- 
wise unable to attend such schools : Provided^ That no Town- 
ship Trustee in this State shall receive an amount exceeding five 
dollars as compensation for his services in any one year for 
duties performed in carrying out the provisions of this act, or 
the act to which it is supplemental. (R. S. 1894, § 5870 ; E. S. 
1897; §6286.) 

44. Reports to Commissioners and County Superin- 
tendent. 5. When books are fully paid for out of the funds 
of a school corporation, as provided in section three of this act, 
it shall not be necessary for the Township Trustee or School 
Board of such corporation to make quarterly reports of the 
sale of the adopted books, but instead thereof a report shall in 
all cases be made by him, or it, upon oath on the first Monday 
of August in each year to the County Superintendent;, and like 
report upon oath shall at the same time be made to the Board 
of Commissioners of the county, which reports shall severally 
state the number and kind of books on hand at last report ; the 
number and kind sold ; the number then on hand ; the disposi- 
tion of the money received on such sales ; the amount of money 
used from any school fund in payment for books received ; and 
the condition of such funds. Such reports shall also state the 
number and kind of books furnished as provided in section four 
of this act; for the price of which books so furnished the 
Township Trustee or School Board furnishing the same shall 
have credit. (E. S. 1894, § 5871 ; E. S. 1897, § 6287.) 

43. Appropriation. 6. The sum of one thousand dollars 
is hereby appropriated out of the general fund in the State 
treasury to enable the Board of School Commissioners, men- 
tioned in section one of this act, to advertise for bids as in said 
section provided. (E. S. 1894, § 5872 ; E. S. 1897, § 6288.) 



76 SCHOOL LAW OF INDIANA. 

46. Suit OR Trustee's bond. 7. Any Township Trustee 
or member of a School Board, receiving or being in possession 
of any moneys which at the end of the next quarter shoukl be 
turned over to the County Superintendent to pay a contractor 
for books sold which have not been paid for out of the funds 
of the corporation, wdio shall fail to report the sale of such 
books at the end of such next quarter, or who shall fail to pay 
therewith the full proceeds thereof to the County Superin- 
tendent, or so much thereof as may be necessary to fully pay 
the contractor, shall be liable, after demand upon him, to a suit 
on his official bond, brought on the relation of the County 
Superintendent, whose duty it shall be to bring the action for 
the amount due from him, and damages, if any, and any judg- 
ment which shall be rendered in favor of the plaintiff in the 
action shall contain a reasonable attorney's fee, and shall be 
payable without relief from valuation or appraisement laws. 
The same liability upon his bond shall accrue against a Town- 
ship Trustee or member of a School Board who shall refuse to 
pay over as in this act required any moneys drawn from the 
funds of his corporation on account of books purchased, or who 
shall fail to apply all moneys for books sold that have been 
purchased by the corporation, to the reimbursement of the 
proper fund. Any judgment rendered against a Township 
Trustee, School Board, or member of a School Board, because 
of the non-performance of any duty, shall include a reasonable 
fee for the plaintiff's attorney. (R. S. 1894, § 5873 ; R. S. 1897, 
§6289.) 

47. County Superintendent's Special Bond. 8. It shall 
be the duty of each County School Superintendent of this State, 
within thirty days from the taking effect of this act, and of each 
County School Superintendent hereafter elected, before he enters 
upon the discharge of his official duties, to execute a special 
bond with at least two freehold sureties of his county, payable 
to the State of Indiana, conditioned that he will faithfully and 
honestly perform all the duties required of him by law, and 
account for and pay over all moneys which may come into his 
hands pursuant to law, in a penal sum which shall be equal to 
one hundred dollars for every thousand inhabitants of his 
county, as shown by the last census immediately preceding the 



SCHOOL LAW OF INDIANA. 77 

giving of such bond, which bond shall be executed to the 
approval of the Board of Commissioners of his count}^, and 
upon failure of any County School Superintendent to give 
such bond, his office shall become immediately vacant, and the 
Board of Commissioners of his county shall immediately appoint 
some competent and suitable person to fill such vacancy for the 
unexpired term of his office. (R. S. 1894, § 58T4 ; R. S. 1897, 
§ 6290.) 

48. Superintendent's report to contractor. 9. It shall 
be the duty of such County School Superintendent within "ten 
days after the receipt of any report, or money, from a Town- 
ship Trustee or School Board, a^ hereinbefore provided for, to 
make a full, true, complete and detailed report thereof to the 
contractor, which report shall be accompanied by all cash 
received by him from the school officers. The report above 
provided for shall be duly sworn to by the County Superin- 
tendent, and a duplicate thereof shall be filed by him in the 
office of the Auditor of his county. Upon the failure of any 
County School Superintendent to make report to the contractor 
and to transmit the cash as required by law, a right of action 
shall immediately accrue to the contractor against the said 
County School Superintendent, and the sureties upon his bond 
provided for in this act, for an accounting and for the recovery 
of any moneys received and not transmitted by him, and for any 
damages which may have resulted from his neglect or failure to 
comply with the provisions of this act, and any judgment upon 
any such bond shall include a reasonable fee for the attorney 
prosecuting such suit, and such judgment shall be without 
relief from valuation or appraisement laws, and shall be without 
stay of execution. (R. S. 1894, § 5875 ; R. S. 1897, § 6291.) 

49. Failure to report — Embezzlement. 10. Any County 
School Superintendent, or Trustee of any Township, or member 
of any School Board in this State, who shall fraudulently fail 
or refuse, at the expiration of the term for which he was elected 
or appointed, or at any time during such term, when legally 
required by the proper person or authority to account for and 
deliver and pay over to such person or persons as may be law- 
fully entitled to receive the same, all moneys, or school books 



78 SCHOOL LAW OP INDIANA. 

which may come into his hands by virtue of the provisions of 
law, shall be deemed guilty of embezzlement, and upon convic- 
tion thereof shall be imprisoned in the State prison not more 
than five nor less than one year, and fined in any sum not ex- 
ceeding one thousand dollars, and rendered incapable of holding 
any office of trust or profit for any determinate period. (R. S. 
1894, §5876; R. S. 1897, §6292.) 

60. Books to be uniformly used. 11. The books which 
have been, or may hereafter be, adopted by the State of Indiana 
for use in its common schools by virtue of this act, or the act 
mentioned in section one hereof, shall be uniformly used in all 
the common schools of the State, in teaching the branches of 
learning treated of in such books, and it shall be the duty of 
the proper school ofiicers and authorities to use in such schools 
such books for teaching the subjects treated in them. (R. S.. 
1894, § 5877 ; R. S. 1897, § 6293.) 

51. Duty of Contractor. 12. It shall be the duty of any 
person or persons, firm or corporation, who shall hereafter fur- 
nish and supply books under the provisions of this act, or under 
the provisions of the act of 1889, title whereof is set out in the- 
first section of this act, to ship to and notif}^ the consignee of 
such shipment, and deliver the books ordered by the various 
County Superintendents, at such railway stations as may be 
most convenient for the various Township Trustees or School 
Boards in the several counties to receive the same as may be 
directed by the said County Superintendent. And in preparing 
such books for such shipment, it shall be the duty of every 
such contractor to wrap each several kind of books by them- 
selves in packages of not to exceed five or ten books, according 
to their size, each such package to be securely wrapped in good 
substantial paper of sufiicient weight to protect the books en- 
closed therein, and to be closed at each end thereof, and each 
package to have plainly a.nd clearly marked or printed on the 
outside thereof the kind and number of books contained there- 
in, and as many of such packages shall be enclosed in large 
packages or boxes as may be safe and convenient for shipment. 
And upon the receipt of such books it shall be the duty of each 
Township Trustee or School Board to carefully care for ai^d 



SCHOOL LAW OF INDIANA. 79 

protect such books until sold, and to preserve the same in the 
original packages in which they are wrapped without opening, 
until all copies of the same hooks heretofore received by him 
or it have been sold, and thereafter not to open any such pack- 
age until all copies contained in packages previously opened 
have been sold: Provided, If, upon the opening of any such 
package, any Township Trustee or School Board shall discover 
that any of the books therein contained have been damaged, or 
are defective at the time of their receipt by him, or it, so as to 
be unsalable, he, or it, shall not be required to offer the same 
for sale, but in such an event, he, or it, shall immediately notify 
the County Superintendent of such damaged or defective book 
or books, who shall immediately thereafter give notice thereof 
to the contractor furnishing the same, and thereafter such dam- 
aged or defective book or books shall be subject to the order of 
the contractor. (R. S. 1894, § 5878 ; R. S. 1897, § 6294.) 

52. Name and price of books on cover. 13. It shall be 
the duty of any person or persons, firm or corporation who may 
hereafter furnish and supply books under the provisions or this 
statute, or of the act of 1889, the title whereof is set out in the 
first section of this act, to print in large letters upon the out- 
side of the first cover of each book so furnished and supplied 
by him or them, the name of the adopted book, and upon the 
outside of the back cover the price at which such book is fur- 
nished to be sold to pupils, under such contract, and it shall be 
the duty of all County Superintendents, Township Trustees, 
and other school ofi&cers and school teachers, to see tha,t all 
books so furnished to pupils, and bought by pupils for use in 
the schools of the State shall bear such imprint : Provided, 
This section shall not apply to copy books. (R. S. 1894, § 5879 ; 
R. S. 1897, § 6295.) 

53. State Superintendent's duty. 14. It shall be the 
duty of the Superintendent of Public Instruction to cause to be 
printed, at the expense of the printing fund, and to send to 
each of the County Superintendents, as soon as possible after 
the passage thereof, a sufiicient number of copies of this act to 
provide such Superintendent and each Townshp Trustee and 
each member of the School Board in such county with one copy 



80 SCHOOL LAW OF INDIANA. 

of such act. Eacli County SuperiDtendeut shall, at once, upon 
the receipt of the copies intended for his county, mail, or other- 
wise deliver, to each Township Trustee and member of a School 
Board in his county a copy of this act. (R. S. 1894, § 5880 ; R. 
S. 1897, §6296.) 

54. Act supplemental. 15. ISTothing in this act shall be 
construed to in anywise aifect the act mentioned in section one 
of this act, and the two acts shall be regarded as each supple- 
menting the other, except where this act shall provide a dilfer- 
ent procedure from the first act, in which case the provisions of 
this act shall govern. ISTothing in this act shall be construed 
as aflecting or impairing any contract right secured by any con- 
tractor under the act mentioned in section one of this act, but 
all such contracts are hereby declared to be, and are hereby 
made, binding upon the State to the same extent as they would 
have been had this act not been passed. (R. S. 1894, § 5881 ; 
R. S. 1897, § 6297.) 

[1893, p. 165. Approved and in force Marcli 1, 1893.] 

55. Contractors to file consent. 1. Whenever the con- 
tractors, or either of them, to the extent that they might be 
affected in their contract rights under prior laws, to wit : An 
act entitled "An act entitled an act to create a Board of Com- 
missioners for the purpose of securing, for use in the common 
schools of the State of Indiana, of a series of text books, defin- 
ing the duties of certain officers therein named with reference 
thereto, making appropriations therefor, defining certain fel- 
onies and misdemeanors, providing penalties for the violation 
of the provisions of said act, ' repealing all laws in conflict 
therewith and declaring an emergency,'" passed by the General 
Assembly of the State of Indiana in the year 1889, and pub- 
lished on page 74 of the acts of 1889 ; and an act supplemental 
thereto and upon tlie same general subject, approved March 5, 
1891, shall have filed with the State Superintendent of Public 
Instruction an agreement in writing, duly executed by them, or 
either of them separately, consenting to the operation of this 
act, as affecting the sale of school books furnished by them, 
under contract with the State pursuant to the provisions of ex- 
isting laws, it shall then be lawful for, and it is hereby made 



SCHOOL LAW OF INDIANA. 81 

the duty of, the Township Trustees and School Boards of this 
State, to sell, for cash, to all merchants and dealers who may 
apply therefor, and in such quantities as they may require, a 
sufficient number of adopted school books, furnished by the 
contractor or contractors, so consenting, to suppl}'^ all demands 
of school patrons and pupils attending the common schools and 
residing in their immediate neighborhoods, respectively ; which 
books shall, in no event, be sold to school patrons or pupils, by 
such merchants or dealers, at a price in excess of the price fixed 
in the contract for such books between the State Board of 
School Book Commissioners and such contractor. In making 
such sales, the Township Trustee and School Boards shall be 
authorized, and it is hereby made their duty to deduct ten per 
cent, from the contract price at which such books are required 
by law to be sold to the school patrons and school children of 
the State, to compensate the dealer for handling and selling 
such books ; one-half of which deduction shall be borne by the 
contractor and one-half thereof by such school corporation. 
And hereafter no adopted books shall be delivered or sold to 
merchants or dealers by any County School Superintendent, 
Township Trustee or School Board, except upon the terms and 
conditions hereinbefore specified. (R. S. 1894, § 5882 ; E.. S. 
1897, § 6298.) 

56, Sale to Merchants or Dealers — Trustee's Report. 
2. When sale shall be made of any books by any Township 
Trustee or School Board to any merchant or dealer, pursuant 
to the provisions of section one of this act, it shall be the duty 
of such Trustee or School Board, at the end of such calendar 
month, to make a report thereof to the County School Superin- 
tendent of the number and kind of books sold, and the amount 
of money received therefor, and the number and kind of books 
on hand ; and at the time of making such report to pay over to 
the County School Superintendent all money received by him 
or them from any such sale or sales ; at the time of making 
such report such Trustee or School Board shall also pay to such 
Superintendent, for transmission to the contractor, the one-half 
of the amount of the deduction in the price of the books so 
sold, which last amount shall be paid out of and charged to the 
special school fund of such school corporation ; and for such 
6 — ScH. Law. 



82 SCHOOL LAW OF INDIANA. 

amount the said Trustee or School Board shall take the receipt 
of such Superintendent. And in their reports to and settle- 
ments thereafter made with the Board of Commissioners of 
their respective counties, the said Trustees and School Boards 
shall be entitled to full credit for the money so paid out of said 
fund when such Superintendent's receipt is tendered and filed 
with such reports : Provided, That M^henever any Township 
Trustee or School Board shall have sold all books ordered by 
him or them, or in his or their hands for sale to merchants or 
dealers, as herein provided, they shall not be required to make 
quarterly reports, as now provided by law, (R. S. 1894, § 5883 ; 
R. S. 1897, § 6299.) 

57. Officers to supply sufficient books. 3. It shall be 
the duty of County School Superintendents, Township Trustees 
and School Boards to see that at all times there are sufficient 
number of books on hand, either in the hands of such Superin- 
tendents, Trustees or School Boards respectively, or in the 
hands of the dealers in the different neighborhoods of their re- 
spective school corporations, to suppl}' the patrons and pupils 
of the common schools with all needed books ; and nothing in 
this act shall be construed so as to relieve them from any of the 
duties now imposed by law in this respect. (E-. S. 1894, § 5884 : 
R. S. 1897, § 6300.) 

58. Duty of merchants and dealers. 4. It shall be the 
duty of all merchants or dealers who may be supplied with books 
by virtue of the provisions of this act to furnish the Township 
Trustee or School Board of whom such books may have been 
purchased and received with a detailed statement of the number 
of books of each kind on hand on the fifteenth day of May of 
each year, and at such other times during the year as the same 
may be called for by such Trustee or School Board ; and any 
merchant or dealer who shall refuse for the period of five days 
after request to do so, by any Trustee or School Board entitled 
to receive the same, to furnish such statement as above provided, 
shall not be entitled thereafter to purchase or sell any school 
books under the provisions of this act. And upon the receipt 
of any such report it shall be the duty of such Trustee or School 
Board to forthwith transmit a copy thereof to the County School 



SCHOOL LAW OF INDIANA. 83 

Superintendent, who shall, within ten days after the receipt of 
any such report, transmit a copy thereof to the contractor, for 
which reports the contractor shall furnish the necessary blanks. 

(E. S. 1894, § 5885 ; R. S. 1897, § 6301.) 

69. County Superintendent to make report. 5. It shall 
be the duty of each County School Superintendent in this State, 
within ten days after receiving any report or money on account 
of the sale of any books, from any Trustee or School Board of 
his county, as hereinbefore provided, to make a full, true and 
verified report to the contractor of the number and kind of 
books so sold by the several Township Trustees or School Boards 
of his county, and of the number and kind of books on hands 
with the said school officers and himself, which report shall be 
accompanied by all cash received by him from such Trustees or 
School Boards on account of such sales ; and he shall file a 
duplicate thereof in the ofiice of the Auditor of his county. The 
necessary blanks for which reports shall be furnished by the 
contractor. (R. S. 1894, § 5886 ; R. S. 1897, § 6302.) 

60. Officers failing to report — Right of action. 6. Upon 
failure of any Township Trustee, School Board or County School 
Superintendent to perform any duty or to make report of any 
cash received by him or them, as required by the provisions of 
this act, a right of action shall immediately accrue to the con- 
tractor against the said ofiicer so in default, and the sureties 
upon his ofiicial bond, for an accounting and for the recovery of 
any money received and not transmitted by him or them, and 
for any damage which may have resulted from his or their neg- 
lect or failure to comply with the provisions of this act ; and 
any judgment in favor of the contractor in any such action shall 
include a reasonable fee for the attorney prosecuting the suit, 
and such judgment shall be collectible without relief from valu- 
ation and appraisement laws, and shall be without stay of execu- 
tion. (R. S. 1894, § 5887 ; R. S. 1897, § 6303.) 

61. Failure to report at expiration of term — Embezzle- 
ment. 7. Any County School Superintendent, Township 
Trustee or member of any School Board of this State who shall 
fraudulently fail or refuse, at the expiration of the term for 
which he was elected or appointed, or at any time during such 



84 SCHOOL LAW OF INDIANA. 

term, when legally required by the proper person or authority, 
to account for and pay over to such person or persons as may 
be lawfully entitled to receive the same, all money or school 
books not previously accounted for, which may have come into 
his hands by virtue of the provisions of this act, shall be 
deemed guilty of embezzlement, and upon conviction thereof, 
shall be imprisoned in the State Prison not more than five years 
nor less than one year, and fined in any sum not exceeding one 
thousand dollars and rendered incapable of holding any ofiice 
of trust or profit for any determinate period. (R. S. 1894, 
§ 5888 ; R. S. 1897, § 6304.) 

62. Sale for more than contract price a misdemeanor. 8. 

Any merchant or dealer Avho shall knowingly or willfully charge, 
receive, collect or attempt to charge or collect, for any school 
book or books by him sold to any school patron or pupil, any 
sum in access of the price at which such book or books are 
required to be sold by law, shall be deemed guilty of a misde- 
meanor, and upon conviction thereof shall be imprisoned in the 
county jail not more than six months nor less than thirty days, 
and fined in any sum not exceeding five hundred dollars. (R. S. 
1894, § 5889; R. S. 1897, § 6305.) 

63. Contractors to file consent for revision of books. 9. 

Whenever the contractors for furnishing books for use in the 
common schools, under the provisions of existing laws herein- 
before specified, shall have filed with the State Superintendent 
of Public Instruction their consent, in writing, to the revision 
or the introduction of an intermediate book, as hereinafter pro- 
vided, duly executed by them, and the State Board of School 
Book Commissioners shall determine that a revision is needed 
of any or all of the books in use in the common schools under 
contract made pursuant to law, or that an intermediate gram- 
mar or language lessons is needed, then it shall be lawful for 
the State, Board of School Book Commissioners to order a 
revision to be made of any or all of such books as in 'their 
judgment may be found necessary for the welfare of the common 
schools of the State, in the manner and under the conditions 
following : 

The said Board of School Book Commissioners shall select a 
competent author or authors to perform the work of revision 



SCHOOL LAW OF INDIANA. 85 

)f the subject-matter of such book or books so ordered to be 
.-evised. The entire cost of such revision, inckiding the manu- 
script, ilkistrations, engravings, maps and plates therefor, shall 
be paid by the contractor or contractors who may at the time 
of such revision be required to furnish such book or books 
under their contract with the State. The cost and expense, 
however, of such revision shall first be agreed upon by the State 
Board of School Book Commissioners and the contractor or 
contractors 5efore such work of revision is commenced : Pro- 
vided, If said Board and contractor or contractors shall, for a 
period of sixty days after an estimate of the cost of any pro- 
posed revision has been furnished by such State Board to the 
contractor, be unable to agree upon an amount, which in the 
opinion of such State Board would be necessary to cover the 
cost of any such revision, then the said State Board may adver- 
tise for bids from publishers of school books for furnishing any 
such book or books, the cost of revision of which could not be 
agreed upon ; and in such advertisement, selecting and contract- 
hig for such book or books, the said Board shall be governed 
by the provisions of laws now in force respecting such matters, 
(R. S. 1894, § 5890 ; E. S. 1897, § 6306.) 

64. Author to revise — County and State Superintend- 
ent to scale requisition. 10. Whenever the revision of any 
book, or series of books, shall be determined upon by the 
State Board of School Book Commissioners, and they shall 
have contracted with an author or authors to furnish the man- 
uscript for such revision, sufficient time shall be given to the 
author in which to perform the work of revising the subject 
matter of such book to the acceptance and satisfaction of such 
Board, and when the revision of the subject matter of any such 
book is completed by the author and the manuscript thereof 
furnished to the contractor, at least six months' time shall be 
given the contractor in which to make the necessary illustra- 
tions, engravings, maps and plates, manufacture and ship the 
books to the various school corporations of the State before any 
such contractor shall be required to furnish any such book, or 
series of books, so revised for use in the schools of the State 
under his contract. And no new book, or revised book, or 
series of books, shall be introduced for use in the schools of the 



86 SCHOOL LAW OF INDIANA. 

State, at any time, by virtue of the provisions of tMs act, nntil 
tlie State Board of School Book Commissioners shall have 
given notice to the County Superintendents, Township Trustees 
and School Boards of the State, by printed notice mailed to 
each of said school officers, last above named, at least twelve 
months in advance of the time when such book, or series of 
books, are to be used in the public schools, and like notice shall 
be given by said County Superintendents, Trustees and School 
Boards to all merchants and dealers in their respective school 
corporations, who may be selling the adopted books. And it 
shall be the duty of the State Superintendent of Public Instruc- 
tion and the County Superintendents of each county to scale 
down to the minimum number all requisitions for school books, 
which may be made after such notice is given, thereby enabling 
all Township Trustees, School Boards, and dealers, to dispose 
of the stock of books in their hands ; but no dealer shall buy 
or carry on hand, at any time, more books than are actually 
needed to supply the demands therefor, for the purpose, or with 
the intent, of preventing the introduction of any new or re- 
vised book, according to the spirit of this act. And for the 
purpose of enabling the State Superintendent of Public Instruc- 
tion to determine when any requisitions should be scaled down 
in anticipation of the expiration of any existing contract, it 
shall be the duty of the contractor to furnish to said State Su- 
perintendent a copy of the quarterly verified reports made by 
County Superintendents to the contractor, giving the number 
and kind of books on hand with the various dealers and Town- 
ship Trustees and School Boards of their respective counties; 
and at the expiration of such notice such book or books shall 
only be required to be introduced in the schools as new classes 
in the study of such branches are being formed, and all classes 
in such study, or studies, who, at the time of the expiration of 
the term of such notice, shall have purchased books for use in 
such classes, shall be allowed time to complete such books be- 
fore being compelled to buy new or revised books. And at the 
expiration of any contract now in existence, or which may 
hereafter be made by the State Board of School Book Commis- 
sioners, for furnishing books for use in the common schools of 
the State of Indiana, the books then in use in the common 
schools of this State under such contract or contracts shall be 



SCHOOL LAW OF INDIANA. 87 

continued in use therein at the same price and upon the same 
terms and conditions until such time or times as the State 
Board of School Book Commissioners shall determine that a 
revision thereof is necessary for the best interests of the schools, 
when such revision shall be made, or a new book contracted for 
and introduced for use in the schools as hereinbefore specified : 
Provided^ That, at the expiration of any such contract, the State 
Board of School Book Commissioners shall require such con- 
tractor or contractors furnishing such books to execute a new 
bond, conditioned that they will continue to execute such con- 
tract in all regards as they had theretofore executed the origi- 
nal contract: Provided, further, That nothing herein contained 
shall be construed as restraining or preventing said State Board 
of School Book Commissioners, after any such school book, or 
an}^ such revised book, shall have been in use in the schools of 
the State for a period of five years, from proposing to the con- 
tractor furnishing the same, such reduction in the price at which 
such book or revised book shall be continued jn use in the schools 
for the next ensuing five years, as, in the judgment of said board, 
may seem reasonable. If such contractor shall accede to such 
proposed reduction, then the price of such book or revised book 
shall, for such ensuing period of five years, be fixed at the orig- 
inal contract price thereof, less the amount of the reduction so 
agreed upon, and such price shall be printed on the back of 
said book, as now required by law. In event said contractor 
shall not be willing to accede to such terms, the said board may 
appoint a disinterested person, conversant with such matters, 
and require the said contractor to select another such person, 
and the two so chosen shall select a third, and, thereupon, the 
three so chosen shall inquire into and consider what, if any, 
reduction ought to be made in the price at which such book or 
revised book should be furnished for use in the schools of the 
State for the next ensuing period of five years, and if they shall 
determine that any such reduction ought to be made, they shall 
fix the amount of such reduction, and shall certify to the said 
board and to such contractor their determination in that behalf, 
and thereupon, if said contractor shall accede to the price thus 
arrived at, the price of said book for the next ensuing five 
years shall be fixed at that sum, and the same shall be printed 
on the back of such books, as now provided by law, and said 



88 SCHOOL LAW OF INDIANA. 

contractor shall be required to furnish the same at such price ; 
but otherwise, in all regards under the provisions of this act 
and acts to which it is supplemental. But if such contractor 
shall decline to accede to such price thus arrived at, then such 
board shall have the right, in their discretion, to proceed to 
advertise for bids to furnish a book in the place thereof; and, 
in so doing, and in all subsequent steps therein, they shall pro- 
ceed in accordance with the provisions of this act and of the 
acts to which it is supplemental: And, provided further, T\\iit 
nothing in this act contained shall be construed to prevent the 
State Board of School Book Commissioners from exercising 
their discretion in deciding w^hether they shall order any of the 
books already in use under contract to be revised, or whether, 
instead, they shall advertise for books to be adopted instead of 
said books already in use. (R. S. 1894, §5891; R. S. 1897, 
§ 6307.) 

65. Intermediate grammar or la'nguage lessons. 11. If, 

in the opinion of the State Board of School Book Commission- 
ers, an intermediate grammar or language lessons is needed for 
the better teaching of such branch of study, instead of a revision 
of the series of grammars now in use, it shall then be lawful for 
such board to provide for such intermediate book, and for that 
purpose shall proceed, as now provided by law, to advertise for 
proposals to furnish such book, requiring bond in such sum as 
they deem sufficient to insure the compliance with such pro- 
posals, consider such proposals and contract for such book : 
Prodded, hoioeoer, That such intermediate grammar shall be 
equal in quality as to material, style of binding and mechanical 
execution to Long's Lessons in English, and in subject matter 
shall embrace not less than 110 pages, and shall be adapted to 
follow in sequence to that of the Language Lessons book of said 
series now in use, and to be properly introductory to the matter 
contained in the complete book of tiie series as now adopted; 
and if revision of the grammar now in use should be determined 
upon by the State Board of School Book Commissioners, then 
such modification shall be made of each or either of the books 
noAV constituting said course in grammar as shall adapt them 
more perfect!}^ to use in the same series, and as shall cover more 
perfectly the entire subject matter necessary to a complete edu- 



SCHOOL LAW OP INDIANA.' 89 

cation in this branch of learning. And said intermediate gram- 
mars shall not be sold to patrons or pnpils of the pnblic schools 
of this State at a price above or in excess of twenty cents eacli. 
(R. S. 1894, § 5892 ; R. S. 1897, § 6308.) 

66. State Board to meet — Notice. 12. For the purpose 
of determining what book or books, if any, may need revision, 
or whether an intermediate grammar is needed, the State Board 
of School Book Commissioners shall meet on the first Monday 
of April, 1893, and shall then and there m:ake such inquiry and 
examination of books then in use under contract with the State 
as shall enable them to determine upon the propriety of ordering 
any such revision or intermediate book or Language Lessons. 
And such Board shall, within sixty days thereafter, determine 
and give notice to the contractors of any and all revisions that 
shall be required to be made before the time of the expiration 
of the existing contract for any such book or books. (R. S. 
1894, § 5893 ; R. S. 1897, § 6309.) 

[1901, p. 489. Approved March 11, 1901. In force May, 1901.] 

67. Frequency of revision — Geographies. 13. In no case 
shall a revision of any book or books, nor shall any intermedi- 
ate grammar or Language Lessons or any other book, except his- 
tories and geographies, under this or any other law of this 
State, be required by the State Board of School Book Commis- 
sioners oftener than every five years. 

[1893, p. 165. Approved and in force March 1,1893.1 

68. Standard of revision — Contractor's bond. 14. When- 
ever any book or series of books shall be revised by order of 
the State Board of School Commissioners such book or books 
when completed and ready for use in the schools, shall be equal 
in every respect to the standard now fixed by law, as to subject 
matter, material, style of binding, and mechanical execution. 
And said State Board, when contracting for any such revision, 
shall require the contractor or contractors to enter into a writ- 
ten agreement for the furnishing of such books, and to execute 
bond with resident freehold sureties to the acceptance of the 
Governor of this State for the faithful compliance with their 
contract, such bond to be in such amount as said board shall 



■90 SCHOOL LAV,^ OF INDIANA. 

deem sufficient for the purposes contemplated. (R. S. 1894, 

§ 5895 ; R. S. 1897, § 6311.) 

69. Appropriation. 15. The sum of one thousand dollars 
is hereby appropriated out of any funds in the State Treasury 
not otherwise appropriated for the purpose of paying costs and 
expenses incident to the giving of notices herein provided for 
by said State Board of School Book Commissioners, and to pay 
the expenses of the State Superintendent of Public Instruction 
incurred in the distribution of this act, and of the acts to which 
this is supplemental, as herein required, and to carry out the 
provisions of this act. (R. S. 1894, § 5896 ; R. S. 1897, § 6312.) 

70. New bond. 16. If at any time the State Board of 
School Book Commissioners shall find that the bond of au}^ 
contractor, contracting to furnish books for use in the common 
schools of the State of Indiana, under this act, or the acts to 
which it is supplemental, has become insufficient to secure the 
faithful performance of such contract, or from any other reason 
become inoperative, they shall have the right to require such 
contractor to execute a new and sufficient bond to secure the 
faithful execution of such contract. And upon failure of any 
such contractor to furnish such new bond within thirty days 
after being so required by said board, the said board shall give 
notice thereof to the Attorney-General of the State of Indiana, 
who shall immediately upon receipt of such notice bring suit to 
procure the cancellation of such contract of such contractor so 
refusing. And service of summons in such cause upon the 
agent of such contractor in the State of Indiana shall be deemed 
and held to be sufficient service upon the contractor ; and in 
such case the Attorney-General shall receive a reasonable fee 
for the prosecuting of such action. (R. S. 1894, § 5897 ; R. S. 
1897, § 6313.) 

71. State Superintendent's duty. 17. It shall be the duty 
of the State Superintendent of Public Instruction, immediatel}^ 
upon the passage of this act, to cause to be printed a sufficient 
number of copies thereof, as well also of the acts referred to in 
the first section hereof, to furnish each County Superintendent, 
School Trustee and member of School Boards in the State of 



SCHOOL LAW OF INDIANA. 



91 



Indiana, with one copy thereof, and promptly to distribute the 
same to such school officers throus^h the County Superintend- 
ents. (E. S. 1894, § 5898 ; R. S. 1897, § 6314.) 

72. Act supplemental. 18. This act shall be construed 
as supplementary to the acts referred to in the first section 
hereof, and said former acts are continued in full force and 
effect, except so far as modified by the provisions of this act. 
(E. S. 1894, §5899; R. S. 1897, §6315.) 

1. Appropriation. In 1899 $1,000 was appropriated to carry out the pro- 
visions of the school book law. Acts 1899, p. 25. In 1901 $1,000 was appropriated 
annually. 



CHAPTER y 



COUNTY SUPERINTENDENT. 



Sec. 

73. County Superintendent. 

Eligibility. 

Impeachment. 

Office— Supplies— Compensation. 

Shall examine teachers. 

May revoke license. 

Examinations — License. 

80. Record-book— Report to State Superin- 

tendent. 

81. State license. 

82. Exemption from examination. 

83. Record of examination. 

84. Certificate from other State. 



Sec. 

85. Examination for graduation. 

General duties. 

When must enumerate. 

Cities exempt. 

Annual reports. 

90. Apportionment — Report. 

91. Compensation. 

92. Duty as to apportionment. 

93. Duty as to School Fund. 

94. Interest in private school, can not have. 

95. Penalty. 

96. Duty of Prosecuting Attorney. 



86. 
87. 
88. 
89. 



[1899, p. 240. Approved and in force March 3, 1899.] 

73. County Superintendent. 1. The Township Trustees 
of each county of this State shall meet at the office of the 
Auditor of their county on the first Monday of June, 1899, at 
10 o'clock a. m., and every four years thereafter, and elect by 
ballot a County Superintendent for their county. Such County 
Superintendent, unless sooner removed, shall hold his office 
until his successor is elected and qualified. Before entering 
upon the duties of his office he shall subscribe and take an oath 
to perform faithfully such duties according to law, which oath 
shall be filed with the County Auditor. He shall also execute 
a bond, with freehold security, to the approval of the County 
Auditor, payable to the State of Indiana, in the penal sum of 



92 SCHOOL LAW OF INDIANA. 

five thousand dollars, conditioned upon the faithful discharge of 
his duties according to the law, and faithfully to account for 
and pay over to the proper persons all moneys and property in 
connection with his duties under the text-book law which may 
come into his hands by virtue of such office. As soon as such 
bond be filed, the County Auditor shall report the name and 
postofiice address of the person so elected to the State Superin- 
tendent of Public Instruction. Whenever a vacancy may occur 
in the ofiice of County Superintendent, the said Township Trus- 
tees, on at least three days' notice given by the County Auditor, 
shall assembly at 10 o'clock a. m. on the day designated in such 
notice at the office of such Auditor, and fill such vacancy by 
ballot for the unexpired term. In all elections of a County 
Superintendent the County Auditor shall be clerk of such elec- 
tion and in case of a tie vote, the Auditor shall cast the deciding 
vote. Such Auditor shall keep a record of such election in a 
book kept for that purpose. 

1. Amendments void. The act of March 9, 1875 (Acts 1875, p. 131), 
attempting to amend this section, and §f 79, 86 and 92, is unconstitutional and 
void. — Board v. Smith, 52 Ind. 420 ; State i'. Harrison, 67 Ind. 71 ; likewise in the 
attempted amendment of 1895 (Acts 1895, p. 208), Borings. State, 141 Ind. 640. 

2. QuoKUM FOR APPOINTMENT. The Couutv Auditor, not being a member 
of the body, can not be counted in determining whether or not a quorum is pres- 
ent. An election by less than a quorum is void. — States. Porter, 113 Ind. 79; 
State V. Edwards, 114 Ind. 581. 

3. Meeting of Tkustees. The Trustees may be compelled by mandamus 
to meet and elect a County Superintendent, but they can not be compelled to elect 
a particular person to the office. If they fail to meet on the proper day, they 
may thereafter meet and elect such officer. — Wampler v. State, 148 Ind. 557; 
Sacket v. State, 74 Ind. 486. State v. Harrison, 67 Ind. 71, is overruled by 
Wampler's case. 

4. Mode of election. The Auditor has a right to act as the clerk of the 
Board of Election, keep a record of the same, and give the casting vote in case of 
a tie. The Trustees have the right of controlling the manner of the election. 
The Auditor's declaring a person elected does not amount to anything; he has no 
right to make such declaration. It is the duty of the Board of Trustees to do that, 
and until they finally settle the matter a member has a right to vote. The appoint- 
ment has very few elements of a popular election about it. The law simply pro- 
vides that the Township Trustees shall appoint, and says nothing about the 
manner in which the appointment shall be made. Any mode that they may 
adopt by which they can arrive at the expression of the wish of the majority is 
sufficient to designate the person to be appointed, and there is nothing binding 
until there is a final determination of the subject by the Trustees. — State v. Kil- 
rov, 86 Ind. 118. 



SCHOOL LAW OF INDIANA. 93 

5. AVho eligible. To be eligible to the countv siiperintendency a person 
must be a ioJia/V'c/e resident and elector of the county. — R. S. 18S1, §154; E. S. 
1894, §154; R." S. 1897, §154. 

He must have been an inhabitant of the county during one year preceding 
his appointment, but it is not essential that he should have been a citizen or 
elector for so long a time.— State v. Kilroy, 86 Ind. 118. 

6. Disputed election. The qualifying of the appointee consists in the 
execution and acceptance of the required bond, and taking and subscribing the 
oath of office. A person who has received the certificate of appointment and 
taken the above action is County Superintendent, at least de facto. ■ If the validity 
of the appointment is disputed, the right to the ofiice may be tested by a writ of 
quo ivarranto against one of the claimants. 

7. Appeal on dismissal — Superintendent can not serve while appeal 
IS PENDING. When the Board of County Commissioners could remove a Count}^ 
Superintendent, an appeal lay to the Circuit Court from a decision dismissing a 
Superintendent from office. While such appeal was pending, the person dis- 
missed could not act as Superintendent, but a successor might be appointed, and 
hold for the unexpired term, unless the person dismissed was reinstated by the 
Court. See Walls v. Palmer, 64 Ind. 493, and State v. Chase, 41 Ind. 356 ; J., M. 
& I. Ey. V. McQueen, 49 Ind. 64. 

8. Judicial notice. Courts take judicial notice of the year in which County 
Superintendents are to be elected. Wampler v. State, 148 Ind. 557. 

9. Length op term. A County Superintendent, properly elected and 
qualified, hold his office until his successor is elected and qualified. — State v. 
Sutton, 99 Ind. 300. 

10. Record of election. The Record of a Superintendent's election, made 
by the County Auditor, is pj'ima/acie correct, and is prima facie evidence of such 
election.— State v. Sutton, 99 Ind. 300. 

11. Election by ballot. In a suit regarding the validity of an election 
the ballots are the best evidence, but when they have been lost, it is proper for the 
jury or Court to consider the testimony of Trustees who cast the ballots, and of 
those who counted them and announced the result. — State v. Sutton, 99 Ind. 300. 

12. Acquiescence in election. Where the Trustees agreed that the elec- 
tion, should be by ballot, adhered to that mode throughout, and at the time the 
result was announced supposed the result was correctly announced, it was decided 
by the Court that an adjournment without an objection was not an acquiescence 
in the result, and that such action did not amount to an acquiescence in the 
result. State v. Sutton, 99 Ind. 300. Without, however, regard to whether the 
votes of a majority of all the School Trustees are necessary to the valid appoint- 
ment of a County Superintendent, where such Trustees recognize the appointment 
as valid, and the appointee qualifies and enters upon the duties of the office with 
the acquiescence of all others, he may compel his predecessor to deliver the rec- 
ords of the office to him.— McGee v. State, 103 Ind. 444. 

13. Mandamus. Mandamus is the proper remed}' to compel a Superintend- 
ent to turn over the records and furniture of the office to his successor. — McGee 
V. State, 103 Ind. 444. 

14. Resignation. Where, without notice of the withdrawal of a resignation 
previously made, the time arrives for it to take effect, and a successor to the in- 
cumbent is duly appointed, no formal acceptance of such resignation is necessary 
to deprive such incumbent of title to the office. — McGee v. State, 103 Ind. 444. 



94 SCHOOL LAAV OF INDIANA. 

15. Eegularity of appointment. One can not contest the regularity of 
the appointment of a successor, wlio has become invested with an apparent title, 
by refusing to surrender the records of the office. — McGee v. State, 103 Ind. 444. 

16. Voting fob himself. A ToAvnship Trustee can not vote for himself, 
and if he does his vote is void. A failure of the Trustees voting for other candi- 
dates to make further objections after the presiding officer has announced the re- 
sult of the election, can not be taken to be either an implied or informal vote in 
favor of the officer who voted for himself. — Hornung v. State, 116 Ind. 458. 

17. TpvUSTEES present and not voting. There were eight Trustees, all 
there were in the county, present. Four voted for A, and the other four declined 
to vote. The chairman announced that the vote was a tie, and the Auditor then 
voted for A, and the chairman declared him elected. A qualified and demanded 
the office. It was decided that he was duly elected; that there was a quorum 
present; that he received the votes of all those present and voting, which was a 
majority of the number necessary to constitute a quorum, and that he received the 
necessary number without the vote of the Auditor, who would only be entitled to 
vote in case of a tie. — State v. Dillon, 125 Ind. 65. 

18. Auditor voting. Township Trustees met at the time required by stat- 
ute; several ineffectual votes were taken, and on the last ballot one-half of the 
Trustees voted for E, and the others voted blanks. A resolution was then offered 
declaring that E be appointed. The vote on this resolution was evenly divided 
for and against it. The Auditor then gave a casting vote for the resolution and 
a certificate of election was issued to E. It was held that the election of E was 
void. — State v. Edwards, 114 Ind. 581. This case, however, has been modified by 
the decision in the case cited in note 17, and it was overruled in State v. McFar- 
land, 149 Ind. 266, where it was decided that the County Auditor is authorized to 
give the casting vote in case of a tie in all instances, regardless of the method 
adopted in voting. Now the election must be by ballot. 

19. Filing bond. Mere failure to file the bond within the time required by 
law does not render the office vacant. — Board v. Johnson, 124 Ind. 145. 

The Auditor can not refuse to approve the bond on the ground that the Super- 
intendent w^s corruptly elected. — State v. Board, 124 Ind. 554. 

20. When may be removed. Formerly a County Superintendent could 
be removed at a special term of the Board of County Commissioners. — Huffofd v. 
Conover, 139 Ind. 151. But now they must be removed by impeachment in the 
Circuit Court.— Sec. 75. 

21. Trustee incompetent. The election of a County Superintendent can 
not be declared illegal on the ground that a Trustee, whose vote he received, and 
which was necessary to his election, was incompetent to hold the office of Trus- 
tee. — State V. Crowe, 150 Ind. 455. 

22. Sale of intoxicating liquors on election day. The statute does 
not prohibit the sale of liquors on the day a County Superintendent is elected. — 
State V. Hirsch, 125 Ind. 207. 

23. Not a judicial office. The office of County Superintendent is not a 
judicial office. — Branaman v. Hinkle, 137 Ind. 496. 

74. Eligibility. 3. jSTo person shall be eligible to or shall 
hold the office of County Superintendent unless he hold at the 
time of his election a thirty-six months' license, or life or pro- 



SCHOOL LAW OF INDIANA. dD 

fessional license, to teach in the public scliools of this State : 
Provided, That nothing herein contained shall aiFect the title of 
any County Superintendent now in office or disqualify him for 
re-election at the next election of County Superintendent. 

75. Impeachment. 2. Any County Superintendent may 
he impeached for immorality, incompetency or general neglect 
of duty, or for acting as agent for the sale of any text-hook, 
school furniture, maps, charts or other school supplies, and 
such impeachment proceedings shall in all things he governed 
hy the provisions of law now in force for impeaching county 
officers. 

1. Statute. For the statutes concerning impeachment of officers, see E. S. 
1897, §8514 and §8548; Supp. K. S. 1894, §8108a and §810811, and Acts 1899, 
p. 188. 

[1899, p. 467. Approved March 6, 1899, in force April 28, 1899.] 

76. Office — Supplies — Compensation. 1. The Board of 
Commissioners of any county in this State shall provide in the 
court house, or at the county seat, public offices for the SheriiF, 
County Superintendent of Schools and Surveyor of the county 
respectively, and all records and papers required by law to be 
made by such officers shall be kept and preserved in such office 
and shall be delivered to their successors. 

1. Old laay. Until this statute was enacted in 1899, the county was not 
required to furnish the County Superintendent an office. Board v. Axtell, 
•96 Ind. 384. 

2. Repeal. This section having been enacted three days later than section 
11, Acts 1899, p. 240, repeals the latter. 

[1899, p. 240. Approved and in force March 3, 1899.] 

77. Shall Examine Teachers. 7. The County Superin- 
tendent shall hold one public examination, beginning on the 
last Saturday of January, February, March, April, May, June, 
July and August of each year. In no case shall he hold a pri- 
vate examination, but special public examinations may be held 
any time upon written request of school boards, as hereinafter 
provided. The County Superintendent shall examine at such 
examinations, by a series of questions furnished by the State 
Board of Education, all applicants for license as teachers in the 
common scliools of the State. Before any applicant can be ex- 



96 SCHOOL LAW OF INDIANA. 

amined he shall produce to the County Superintendent a certifi- 
cate of good, moral character from a School Trustee of the 
county, then in office, or other satisfactory written evidence of 
good moral character, which certificate or other evidence shall 
be marked filed of that date by such County Superintendent 
and preserved as an office paper. If, from the ratio of correct 
answers, the applicant is found to possess knowledge which is 
sufficient in the estimation of the County Superintendent to 
enable said applicant successfully to teach, in the common 
schools of the State, orthography, reading, writing, arithmetic, 
geography, English grammar, physiology, the history of the 
United States, scientific temperance and literature, to govern 
such schools, and is versed in the science of teaching, the 
County Superintendent shall at once fill out and deliver to such 
applicant a license for a term of six (6), twelve (12), twenty- 
four (24) or thirty-six (36) months, according to the ratio of 
correct answers and other evidences of qualifications given upon 
said examination, the standard of which shall be fixed by the 
County Superintendent; and in examining persons for positions 
to teach in graded schools in cities and towns, the County 
Superintendent may take into consideration special fitness of 
such applicants to perform the services required of them, and 
shall make on the licenses issued to such applicants a statement 
of the kind of work for which they are especially qualified; 
and all applicants, before being licensed, shall produce to the 
County Superintendent the proper Trustee's certificate or other 
satisfactory evidence of a good moral character : Provided^ 
That a six months' license shall be regarded as a trial license, 
and that no person who hereafter receives a six months' license 
in any county shall be again thereafter licensed from said county 
unless he obtains a grade which shall entitle him to receive at 
least a twelve months' license : And, provided^ That any person 
now possessing a thirty-six months' license, whose next consecu- 
tive license shall be for a term of thirty-six months, or any per- 
son who shall hereafter receive two licenses in succession, each 
for thirty-six months, may receive, at the expiration of such 
several licenses, a license for the term of eight years upon such 
an examination held by the County Superintendent as -may be 
prescribed by the State Board of Education, and such license 
shall issue only upon the approval of the State Board of Edu- 



SCHOOL LAAV OF INDIANA. 9f 

cation, and shall be styled a professional license, and shall 
entitle the holder to teach in any of the schools of this State : 
Provided, That any person who has taught for six consecutive 
years in the common schools of this State, and now holds a 
three years' license to teach therein, or who, having previously 
taught for six consecutive years in said common schools, and 
shall hereafter obtain a three years' license to teach therein, or 
who has heretofore been exempted, shall be forever afterward 
exempt from examination so long as he or she shall teach in the 
common schools of the county in which said three years' license 
was obtained ; but if such person shall, at any time after said 
exemption accrues, suffer a period of one year to pass without 
having taught one full school year in the common schools of 
the county within said period, then said exemption shall cease 
at the option of the County Superintendent ; and if such person 
shall, during such exemption, seek employment to teach other 
or higher branches in the common schools of this State than 
those branches which were included in the examination upon 
which said three j^ears' license was issued, then he or she shall 
be examined in such additional branches : Provided, That said 
County ' Superintendent be authorized to issue an exemption 
license upon proper affidavit or affirmation of said applicant, 
and that said exemption license be subject to revocation as 
other licenses issued by said County Superintendent. 

1. Professional, licenses. It is ordered by the State Board of Education 
that persons who have received two county licenses of the first grade may be ad- 
mitted to an examination for an eight years' professional license, which shall 
comprise the subjects of elementary algebra, elements of physics, elements of bot- 
any, grammar, civil government, American literature, and the science of teach- 
ing. Such examination shall be conducted by the County Superintendents in the 
several counties, upon questions prepared by the State Board ; the manuscripts 
shall be sent to the Board for gradation, and the certificates granted shall take 
effect upon the expiration of the thirty-six months' licenses held by the person 
receiving them. An examination for eight years' licenses is held in March, 
annually. 

2. Appeal. If an applicant for a license is not satisfied with the grading of 
his County Superintendent he may appeal to the Superintendent of Public In- 
struction; and if, on the other hand, any patron of a school thinks that a teacher 
thereof has been too liberally graded, the same right of appeal exists in such 
patron as in the applicant for a license. 

3. Incompetent teacher. A County Superintendent may refuse to license 
a teacher whom he knows to be incompetent to teach. There are two ways that 

7 — ScH. Law. 



98 SCHOOL LAW OF iNttlANA. 

such knowledge may come to him : 1st. From personal visitation and inspection 
of his school work. 2d. From statements made by those in a position to inspect 
such work. 

4. Exemption license. The law expressly says that a teacher must teach 
without interruption after a license is issued to him under the exemption clause 
of this section. The inference is that the six years' teaching done should have 
been done in the six years last past — that is, without any interruption — to entitle 
an applicant to the exemption. The County Superintendent may require such 
evidence of his teaching in other counties as will satisfy him that the teacher has 
done the necessary work, and that he has shown a degree of success sufficient to 
justify the Superintendent in granting the renewal. It is, therefore, decided by 
the Superintendent of Public Instruction that the teaching must have been done 
in the six years last passed, but that the teaching in other counties may be cred- 
ited if the County Superintendent is fully satisfied that the teaching in other 
counties has been successful. 

5. Powers of Superintendent not judicial — Liability. The County 
Superintendent belongs to the executive department of the government ; he acts 
in neither a judicial nor gttctsi-judicial capacity in licensing persons to teach, and 
he has a discretion on the subject of licensing teachers, which is so far analogous 
to judicial discretion that he is protected from any claim for damages on account 
of any mistake in his decisions, or error in judgment, either in granting or with- 
holding a license. Yet he is liable in damages for maliciously withholding a 
license to teach from an applicant lawfully entitled to receive the same, and he 
will be held to have acted maliciously where he acts either from willful and wicked 
or from corrupt motives. — Elmore v. Overton, 104 Ind. 548. 

6. License and certificate. There is no legal distinction between the 
granting of a license to teach and the act of issuing a certificate of that fact. 
The terms are convertible, and the "licensing" implies the issuing to an appli- 
cant of a written permission to teach in the public schools. — Elmore v. Overton, 
104 Ind. 548. 

7. Principals and high school teachers in town and city schools. 
The spirit of the law is fully complied with when high school teachers pass exam- 
ination in such branches and only such as they are required to teach. If an 
applicant is to teach say Latin, Geometry, General History and Physics, there 
is no good reasoa for requiring him to pass on the "eight common school branches.'' 
It is doubtful whether a teacher can legally draw money from the tuition revenue 
for teaching the high school branches on a common school license. The intention 
of the law clearly is that a teacher's fitness to teach should be tested on what he 
is required to teach, not on what he is not required to teach. Generally an 
examination in the enumerated branches is sufficient, but when a school district 
has decided by legal school meeting, under section . . . ., that they desire other or 
higher branches taught in their school, then the Superintendent must examine 
the applicant on the additional branches required by the school meeting. But in 
case a School Board requires a special teacher in a graded school, such teacher 
should be examined only on what he is required to teach. 

8. Discretion. Reasonable discretion of the County Superintendent can not 
be controlled by the courts. 

9. Mandamus. Mandamus will not lie to compel the issuance of a teacher's 
certificate by the County Superintendent ; the Superintendent being vested with a 



SCHOOL LAW OF INDIANA. 99 

discretionary power, the court may compel him to act upon an application, but 
can not control his discretion, The mode of procedure in such a case is an appeal 
to the Superintendent of Public Instruction, and if after hearing the case he orders 
the County Superintendent to issue a certificate, mandamus would lie to compel 
him to do so. 

10. Ministerial duty. Mandamus is the proper action to compel an officer 
to perform any ministerial duty, but mandamus will not lie to compel the per- 
formance of any discretionary duty. 

11. Liability. If a County Superintendent -makes an honest mistake in his 
judgment as to his duties under the law, or as to facts submitted to him, where 
he has a discretion, it will not render him liable for damages. — Branaman v. 
Hinkle, 137 Ind. 496 ; Elmore v. Overton, 104 Ind. 548. 

78. May revoke license. 9, The County Superintendent 
shall have the power to revoke licenses heretofore granted by 
himself or predecessors or hereafter granted by the State Super- 
intendent of Public Instruction, for incompetency, immorality, 
cruelty or general neglect by the holder of the business of his 
school. Due notice of such revocations shall be given in writ- 
ing by the County Superintendent and an appeal therefrom 
shall lie to the State Superintendent of Public Instruction, and 
if the same be taken within five days after notice is given it 
shall operate as a stay of proceedings until the State Superin- 
tendent of Public Instruction shall have j)assed upon such 
appeal. The revocation of the license of any teacher shall 
terminate his employment in the school in which he may have 
been employed to teach. 

1. Revocation of license. In the revocation of a license, the Superin- 
tendent may act upon his own knowledge, or he may proceed upon petition of 
the patrons. In the former case he should make out and record charges and 
specifications, based on his own knowledge, and furnish the teacher a copy thereof 
citing him to appear at a certain time and answer with such evidence and expla- 
nations as he may be able to give. The answer and evidence should be made a 
matter of record, together with the finding of the Superintendent. In case a peti- 
tion for the revocation of a license is received from patrons, the Supei'intendent 
may dismiss it if the comY)laints are of a frivolous character. A mere petition 
is not enough. Definite charges and specifications should be filed with it. When 
such charges are received, the Superintendent should fix an early day for the 
trial, notify the teacher of the pendency of charges and furnish him a copy there- 
of, and notify all parties interested of the time and place at which the ti'ial will 
be held. An accurate record of all the proceedings should be made and all papers filed, 
for use in case of an appeal to the Superintendent of Public Instruction. When- 
ever a license has been revoked, the Superintendent should make a record of the 
fact, and immediately notify all the Trustees of the county. A license having 
once been granted, the teacher acquires a proprietary interest in it. It is in one 



100 SCHOOL LAW OF INDIANA. 

sense property. No teacher should be deprived of his license without an oppor- 
tunity to answer charges that may be brought against him, whether by the County 
Superintendent or others. The license of a teacher guilty of forgery may be re. 
voked ; he must, however, be actually guilty of the crime, and while an indict- 
ment against him is strong evidence of his guilt, it is far from conclusive; for on 
the trial he may be acquitted. The fact that he dismissed school to attend his 
trial, does not authorize his dismissal. The fact that many citizens of the vicinity 
of the school believe he is guilty does not authorize the revocation of his license 
nor his dismissal. The fact that his teaching tends to lower the moral standard 
of the schools of the county, and hinder the County Superintendent in his efforts 
to uphold it, does not authorize his dismissal. A license can only be revoked for 
the causes enumerated in the above section. If a majority of those entitled to 
vote at a school meeting petition the Trustee to dismiss him, the Township Trus- 
tee may do so, after due notice and good cause shown. A County Superintendent 
is not liable for revoking a license unless he acted maliciously. 

2. Practice. When charges of incompetency are made against a teacher, 
those making the charges should be required to prove them by the oaths of such 
witnesses as have a knowledge of the facts. If the teacher fail in the government 
of his school, or ability to teach falls short of the proper standard, the Superin- 
tendent is justified in revoking the license, if these facts are proved. The exam- 
ination of the teacher in technical school work has been settled by the issuing of 
a license to him. The charges of incompetency should cover that part of the 
teacher's work along the line of the practical or administrative side of his work. 
Observations of the County Superintendent gleaned during his visits is proper 
evidence to be considered in passing judgment upon the case. 

3. Immorality. "An act is considered as immoral which is inconsistent 
with rectitude, contrary to conscience, wicked, unjust, dishonest or vicious." 

[1873, p. 75. Approved and in force March 8, 1873.] 

79. Examinations — License. 37. The County Superin- 
tendent shall hold at least one public examination in each 
month in the year in his county; and in no case shall he grant 
a license upon a private examination ; and all licenses granted 
by him shall be limited to the county in which they are 
granted. (R. S. 1881, §4427; R. S. 1894, §5903; R. S. 1897, 
§ 6120.) 

1. When held. Examinations are now held on the last Saturday of the 
first eight months of the year. See § 78. 

[1899, p. 240. Approved and in force March 3, 1899.] 

80. Record-book — Report to State Superintendent. 8. 

That the County Superintendent shall provide a blank book, at 
the expense of the county, in which he shall keep a record of 
his proceedings, and shall deliver such record, and all other 
books, papers and property appertaining to his office, to Ms 



SCHOOL LAW OF INDIANA. . 101 

successor. He shall also keep a record of all applicants for a 
license, kind and length of the license to which each successful 
applicant is entitled, as well as a number of licenses revoked 
by him. He shall report to the State Superintendent of Public 
Instruction the names (and dates thereof) of those whose 
licenses he revokes. 

1. Parol proof of contents op record. The presumption is that a County 
Superintendent keeps a record of his proceedings, which is the best evidence of 
his acts in either granting or refusing a license; and in an action against him for 
maliciously withholding a license, oral proof of his admission that he had granted 
a license to the applicant is inadmissible unless it is averred in the complaint and 
first shown that he kept no such record as required by ths statute, or that such 
record is incorrect. — Elmore v, Overton, 104 Ind. 548. 

2. Recording decision. The decision of the Superintendent is binding, on 
appeal, on the Trustee from the time it is given, though not entei'ed iia the Super- 
intendent's record until afterwards. — Knight v. Woods, 129 Ind. 101. 

3. See § 83. 

[1890, p. 488. Approved March 6, 1899. In force April 28, 1899.] 

81. State license. 1- The County Superintendent shall ex- 
amine at such examinations at such times and in such subjects as 
now required by law by a series of questions furnished by the 
State Board of Education, all applicants for license as teachers 
in the common schools of the State ; that such applicants shall 
have the right to elect to have their manuscripts sent to the 
State Superintendent of Public Instruction for examination, 
which license shall not be confined, to any particular county; 
but be taken as qualifying the person to whom granted, so long 
as in force, to teach anywhere within the State, if of the proper 
grade for the school for which he may be employed. Each 
applicant who so elects to have manuscripts sent to the State 
Superintendent of Public Instruction for examination shall, be- 
fore the examination begins, pay to the County Superin- 
tendent a fee of one dollar, said payment to be made but once 
in any one calendar year, and if such applicant presents himself, 
at other examinations within the year, he shall exhibit a receipt 
to the County Superintendent, showing that said fee has been 
hitherto 'paid : Provided, That no person shall be allowed more 
than three examinations in any one year, except on payment of 
one dollar for each additional examination. The County Super- 
intendent shall issue his receipt for all fees paid under the pro- 



102 SCHOOL LAW OF INDIANA. 

visions of this act, and shall immediately send such fees to the 
State Superintendent of Public Instruction, who shall issue his 
receipt therefor to the County Superintendent. The State 
Superintendent of Public Instruction shall use such funds in the 
employment of a sufficient number of qualified persons to grade 
the manuscripts and perform the services incident to the opera- 
tion of the license system instituted by this act. The State 
Superintendent of Public Instruction shall publish annually, 
under oath, an itemized statement of the receipts and disburse- 
ments of the moneys contemplated in this act, stating for what 
paid and to whom paid, with proper receipts for the same, 
keeping the original receipt on file in his office and open to 
public inspection. 'No examinations shall extend over a period 
of more than two days, and shall be conducted in the immedi- 
ate presence of the County Superintendent, pursuant to such 
instructions and directions as the State Board of Education may 
provide. The manuscripts containing the answers to said ques- 
tions shall be delivered by the applicant to the County Superin- 
tendent, who shall designate the same by number. The County 
Superintendent shall then record both the number of the manu- 
script and the name of the applicant in a record for that pur- 
pose, and send the fee named above and the grade of school- 
room success ; and the manuscript of the applicant numbered 
as above, to the office of the State Superintendent of Public In- 
struction for gradation. The professional ability of school-room 
success of an applicant shall be furnished by the County Super- 
intendent and graded from 50 to 100 per cent. Teachers em- 
ployed in a city or town school shall be certified to on profes- 
sional ability by the Town Superintendent (if there be one) or 
City School Superintendent. This shall be accepted by the 
County Superintendent as the estimate of the applicant's pro- 
fessional success. The general average in the branches which 
shall indicate the applicant's academic standing, furnished by 
the State Superintendent of Public Instruction, shall constitute 
one part of the applicant's grade, and the per cent, placed upon 
the applicant's school-room success, shall constitute the other 
part. The sum of these two items divided by two, shall give 
the complete general average upon which all the license shall 
be issued. If, from the ratio of correct answers the applicant 
is found to possess knowledge which is sufficient to enable him 



SCHOOL LAW OP INDIANA. 103 

successfully to teach in the couimoii schools of the State, orthog- 
raphy, reading, writing, arithmetic, geography, English gram- 
mar, physiology, the histor}^ of the United States, s«ientiiic 
temperance and literature, to govern such schools, and is versed 
in the theory of the school, the County Superintendent shall at 
once report the name and postof^ce address of such person to 
the State Superintendent of Public Instruction, together with 
the grade of license to which such applicant is entitled, and the 
State Superintendent of Public Instruction shall at once fill out 
and mail to such applicant a license for a term of twelve (12), 
twenty-four (24), or thirty-six (36) months, valid for teaching the 
above branches only; and for sixty (60) months, the latter to be 
known as a high school license ; such high school license shall in- 
clude, in addition to the subjects enumerated above, such addi- 
tional subjects as the State Board of Education may elect, which 
license shall be for use in the noncommissioned high schools of the 
State : Provided, That for the proper classiiication of teachers' 
licenses named herein, the life license shall be denominated a 
license of the first grade ; a professional license shall be denomi- 
nated a license of the second grade; the high school license 
shall be denominated a license of the third grade; the thirty- 
six months' license shall be denominated a license of the fourth 
grade ; the twenty-four months' license shall be denominated a 
license of the fifth grade, and the twelve months' license shall 
be denominated a license of the sixth grade. The standard of 
all licenses shall be fixed by the State Board of Education by 
indicating the minimum per cent, in each branch and the re- 
quired general average for each grade of license above enu- 
merated. 

82. Exemption from examination. 2. Any person who 
has previously taught for six (6) consecutive years in said com- 
mon schools, and shall hereafter obtain a three (3) years' license 
to teach therein, so long as he teaches the above named subjects, 
shall be forever afterward exempt from examination ; but if 
such person shall, at any time after said exemption occurs, sufter 
a period of one year to pass without having taught one full 
school year in the common schools of the State within said 
period, except in case of physical disability, properly certified 
by a reputable physician, then said exemption shall cease. If 



104 SCHOOL LAW OF INDIANA. 

said person shall, during' such exemption, seek employment to 
teach other or higher branches in the common schools of the 
State than those branches which were included in the examina- 
tion upon which said three years' license was issued, then he 
shall be examined in such additional branches. 

83. Record of examination. 3. The County Superin- 
tendent shall provide a blank book, in which he shall keep a 
record of minutes of his proceedings, and shall deliver such 
record, and all other books, papers and property appertaining 
to his office to his successor. He shall also keep a record of all 
applicants for license and the kind and the length of the license 
to which each successful applicant is entitled, as well as the 
number of licenses revoked by him. He shall report to the 
State Superintendent of Public Instruction the names of those 
whose licenses he revokes and the date of such revocation. 

1. See Sec. 80. 

[1899, p. 448. Approved March 4, 1899; in force April 28, 1899.] 

84. Certificates from other States. 1. The State Super- 
intendent of Public Instruction may countersign the life State 
certificates of teachers of other States, when the holders of such 
certificates shall have furnished satisfactory evidence of good 
moral character, and experience and success in teaching, as is 
required for life State certificates in this State ; and when so 
countersigned such certificates shall be valid in any of the 
schools in this State : Provdded, That the requirements for ob- 
taining the life State certificates of other States shall be equiv- 
alent to the requirements for the same certificates in this State, 

[1899, p. 240. Approved find in force March 3, 1899 .J 

85. Examinations for graduation. 6. The County Super- 
intendent shall provide for the examination of all applicants for 
graduation in the common school branches from township, dis- 
trict or town schools during the months of March, April and May, 
and furnish them certificates of graduation, if in the judgment 
of the County Superintendent they are entitled thereto, which 
shall entitle the recipients to enter any township, town or city 
high school of the State if he be otherwise entitled to the priv- 
ileges thereto. He shall likewise provide for the examination 



SCHOOL LAW OF INDIANA. 105 

of all applicants for graduation from the township graded or 
town graded high schools not employing a Superintendent dur- 
ing the months of April, May and June, and furnish them cer- 
tificates of graduation, if entitled thereto. He shall attend as 
many commencements as he can of the township and town 
schools, and also of the township and town high schools. He 
shall hold one preliminary institute in each township in his 
county before the schools for that school year open, for the pur- 
pose of helping the teachers in the organization of their schools 
and giving any other needed assistance; but instead of holding 
such preliminary institutes in each township, he may hold a 
joint institute for two or more adjoining school corporations. 

[1899, p. 240. Approved and in force March 3, 1899.] 

86. General duties. 4. That the County Superintendent 
shall have the general superintendence of the schools of his 
count}^ He shall attend each township institute at least once 
in each school year, and as often thereafter as possible, and 
preside over and conduct its exercises. He shall visit schools 
while they are in session for the purpose of increasing their 
usefulness and elevating, as far as practicable, the poorer schools 
to the standard of the best. He shall conduct teachers' insti- 
tutes and encourage other like associations, and shall labor, in 
every practicable way, to elevate the standard of teaching and 
to improve the condition of the schools of his county. In all 
controversies of a general nature arising under the school law, 
the decision of the County Superintendent shall first be ob- 
tained ; and then an appeal, except on local questions relating 
to the legality of school meetings, establishment of schools, and 
the location, building, repair or I'emoval of school houses, or 
transfer of persons for school purposes and resignation and dis- 
missal of teachers, may be taken from his decision to the State 
Superintendent of Public Instruction on a written statement of 
facts, certified to by such County Superintendent. N^othing in 
this act, however, shall be construed so as to change or abridge 
the jurisdiction of any court in cases arising under the school 
laws of this State ; and the right of any person to bring suit in 
any court in any case arising under the school laws shall not be 
abridged by the provisions of this act. He shall at all times 
carry out the orders and instructions of the State Board of 



106 SCHOOL LAW OF INDIANA. 

Education and the State Superintendent of Public Instruction, 
and shall constitute the medium l)etween such State Superin- 
tendent and subordinate school officers and the schools. 

1. Care and oversight. The Superintendent has the care and oversight of 
the schools of his county, with authority to direct in their organization and man- 
agement. 

2. Visitation. To make his visitations of much value, the Superintendent 
ought to visit each school at least twice a year. This can be done under the law 
by giving each school a half day at a visit. It is safe to say it was the intention 
of the Legislature that the Superintendent should be allowed at least as many 
dayo for visiting the schools as he has different teachers to visit. The Commis- 
sioners should not in any case restrict him to fewer days than this, and if he 
be a prudent man it would be safe to let him visit at his own discretion. The 
restriction can be placed upon him at any time if it be shown that he abuses his 
privilege. 

3. Power as to course of study and rules. The management and con- 
trol of the schools is conferred by law upon the Trustees, and this power invoives 
the right to prescribe a course of study and make rules and regulations. But the 
Trustees also appoint a County Superintendent, who^ in a large department of 
school government, is the representative and agent of the Trustees, and to him 
their powers are delegated so far as is necessary to successful administration. If 
neither the County Board of Education nor the Trustees individually have taken 
the necessary action, the Superintendent may arrange a course of study and 
direct its enforcement in the schools, and may make reasonable rules and regu- 
lations, and the refusal of a teacher to obey the Superintendent in these particu- 
lars, would be such "neglect of the business of the school" as would warrant a 
revocation of his license, or would indicate such incompetence "to successfully 
teach " as woul^ warrant a refusal to grant him another license. 

4. Liability. A County Superintendent is not liable for his official acts,, 
unless they were wanton and malicious, where he has a discretion in their per- 
formance. Branaman ('. Hlnkle, 137 Ind. 496; Elmore r. Overton, 104, Ind. 548. 

[1873, p. 68. Approved and in force March 8, 1873.] 

87. When must enumerate. 40. When any Trustee shall 
neglect to file with the County Superintendent an enumeration 
of the children of the township, town or city, as required by 
section 118, the County Superintendent shall, immediately 
after the first day of May in each year, employ a competent 
person to take the same, and allow a reasonable compensation 
for such services, payable from the special school revenue of 
the township ; and shall proceed to recover the same in the 
name of the State of Indiana, for the use of said revenue of 
said township, by action against the said Trustee in his individ- 
ual capacity ; and in such suit the County Superintendent shall 
be a competent Avitness. (R. S. 1881, § 4430 ; R. S. 1894, § 5906 ; 
R. S. 1897, §6123.) 



SCHOOL LAW OF INDIANA. 107 

1. In so far as the provisions of the above section affect the Trustee, they are 
penal and apply only where he has failed to file any report, and they have no ap- 
plication when a report in proper form, duly verified, has been filed. Young v. 
State, 138 Ind. 206. 

[1899, p. 240. Approved and in force March 3, 1899.] 

88. Cities exempt. 5. City schools, however, having duly 
appointed Superintendents, shall be exempt from the general 
superintendence authorized by this act, upon a written request 
of the School Board of said cities that such supervision be not 
extended to such cities by the County Superintendent. 

1. Exemption of cities. This privilege is not extended to incorporated 
towns. The request should be addressed to the County Superintendent, and 
should be entered in the records of the City School Board. From the date of the 
request and so long as a City Superintendent is employed the County Superin- 
tendent has no authority over the city schools, but such authority will revive if 
the City Board fails to employ a Superintendent. 

11895, p. 127. Approved March 5, 1893; in force June 28, 1895.] 

89. Annual Reports. 41. The County Superintendent 
shall, on or before the fifteenth day of May, annually make out 
and forward to the State Superintendent the enumeration of 
their respective counties, with the same particular discrimina- 
tion required of the Trustees. When, however, the State Super- 
intendent of Public Instruction, upon examination of the 
enumeration returns of any county, or of any township, town 
or city of such county, finds any evidence that the enumeration- 
is excessive in numbers, or otherwise incorrect, he may requi»re 
the County Superintendent to cause the enumeration of such 
county, township, town or city to be retaken and returned 
according to the provisions of this act, and the school revenuo 
to be distributed to said county upon such corrected enumera- 
tion. If, however, the corrected enumeration is received by the 
State Superintendent of Public Instruction too late for the 
semi-annual apportionment, the State Superintendent of PubMc 
Instruction shall make the apportionment on the last accepted 
enumeration. They shall, on or before the fifteenth day of 
October, annually furnish the statistical information which 
Trustees are required to report to them in such form as may be 
prescribed by the Superintendent of Public Instruction. They 
shall also furnish with such statistical report sueh additional 
information, embodied in a written report, relative to the con- 
dition of the schools, school houses, and the general progress 
of education, etc., in the county, as the State Superintendent 



108 SCHOOL LAW OF INDIANA. 

may from time to time call for. On failure of any County 
Superintendent to make his report of enumeration by the fif- 
teenth day of May, his county shall be subject to a diminution 
of twenty-five dollars ($25) in the next apportionment of school 
revenue by the State Superintendent, and on failure to make 
his statistical and other reports by the fifteenth day of October, 
his county shall be subject to a diminution of ten dollars ($10) 
in the next apportionment likewise. The sum thus withheld 
may be collected from said County Superintendent, on his bond, 
in a suit before a Justice of the Peace, prosecuted in the name 
of the State, by any person living in said county, who has chil- 
dren enumerated for school purposes for the current year, who 
is aggrieved by said diminution. Said suit may be commenced 
within two years from the time when said report is due, and 
not afterward : Provided, That said County Superintendent 
may discharge himself from liability to such suit by a certifi- 
cate of the postmaster that said report was mailed in due time, 
together with his own affidavit of that fact. (R. S. 1897, § 6124.) 

1. Private Institutions. County Superintendents are expected to furnish 
statistical and other reports relative to private schools, high schools, colleges and 
other private institutions of learning within their respective counties, so as to 
enable the Superintendent of Public Instruction to present a view of all the edu- 
cational facilities of the State. 

2. See section 17. 

3. Mandate. Mandamus lies to compel the County Superintendent to make 
the report required by the above section, and the trustee of a township affected 
may bring the action for such a mandamus. Young v. State, 138 lud. 206. 

[1865, p. 3. Approved and in force March 6, 1865.] 

90. Apportionment— Report. 42. The County Superin- 
tendent shall make out, from the lists of enumeration and the 
reports of transfers, the basis of the apportionment of school 
revenue to the several townships, towns and cities of their re- 
spective counties, and parts of congressional townships of ad- 
join.ing counties Avhose congressional township fund is managed 
in tlieir counties, and report the same to the proper County 
Auditors by the first day of June, annually, so as ,to enable 
County Auditors to accurately apportion the school revenue for 
tuition. (R. S. 1881, § 4432; R. S. 1894, § 5908; R. S. 1897, 
§ 6125.) 

1. Congressional Townships, The basis of apportionment should show,- 
by number and range, the congressional townships, or parts of congressional 



SCHOOL LAW OF INDIANA. 109 

townships, which form each civil township, the number of children enumerated 
in each of such j^arts; also the whole number of children enumerated in each 
civil township. With the basis of apportionment he should file with the Auditor 
a separate statement showing what congressional townships whose funds are man- 
aged in his county are divided by the county line ; also, the number of children 
enumerated in each part of such townships. 

[1873, p. 75. Approved and in force March 8, 1873.] 

91. Compensation. 43. The County Superintendent shall 
receive four dollars for every day actually employed in the dis- 
charge of the duties required by this act. But before the County 
Commissioners shall allow his per diem, the same shall be pre- 
sented in a bill of account stating, in separate items, the nature 
and amount of service rendered on each day for which he claims 
compensation ; which bill of account shall be verified by affidavit 
to the effect that the same and each item thereof is just and 
true. The County Auditor shall draw his warrant on the County 
Treasurer for the amount allowed by the Board in favor of said 
Superintendent, and the Treasurer shall pay the said warrant 
out of the ordinary county revenues : Provided, however, That 
the said Board of Commissioners shall have power to determine 
the number of days in each year in which the County Superin- 
tendent may labor in the performance of the duties required of 
him in visiting schools: Provided, further, The number of days 
so allowed in each year for visiting schools shall not be less than 
the whole number of schools in such county over which such Su- 
perintendent has control ; and he shall receive no perquisites what- 
ever. (R. S. 1881, § 4433 ; R. S. 1894, § 5909 ; R. S. 1897, § 6126.) 

1. Amount op claim. The Superintendent should file his claim for the full 
amount of his services at f4 per day up to the end of the quarter. Board v. 
Binford, 70 Ind. 208; Campbell v. Board, 71 Ind. 185. 

2. Reports to Bukeati op Statistics. The duty imposed on the County 
Superintendent of Schools (by R. S. 1881, §5720; R. S. 1894, §7768; R. S. 1897, 
§....), to make reports to the Bureau of Statistics, is an official duty imposed 
upon the officer, for which he is not entitled to compensation. Yeager v. Board, 
95 Ind. 427. 

[1875, p. 131. Approved and in force March 9, 1875.] 

92. Duty as to apportionment. 6. Such Superintendent 
shall see that the full amount of interest on school fund is paid 
and apportioned, and, when there is a deficit of interest of any 
school fund, or loss of any school fund or revenue by the county, 
that proper warrants be issued for the re-imbursement of the 
same ; but no per centum beyond what is provided for herein 



110 SCHOOL LAW OF INDIANA. 

and allowed shall in any case be paid him by said Board of 
Commissioners. (R. S. 1881, §4434; R. S. 1894, §5910; R. S. 

1897, § 6127.) 

[1873, p. 75. Approved and in force March 8, 1873.] 

93. Duty as to school fund. 7. The official dockets, 
records, and books of account of the Clerks of the Courts, 
County Auditor, County Commissioners, Justices of the Peace, 
Prosecuting Attorneys, Mayors of cities, and Township and 
School Trustees, shall be open at all times to the inspection of 
the County Superintendent; and whenever he shall find that 
any of said officers have neglected or refused to collect and pay 
over interests, fines, forfeitures, licenses, or other claims, due the 
school funds and revenues of the State, or have misapplied the 
school funds and revenues of the State, or have misapplied the 
school funds and revenues in their possession, he shall be re- 
quired to institute suit in the name of the State of Indiana for 
the recovery of the same, for the benefit of the school funds or 
revenues and make report of the same to the Board of County 
Commissioners and to the State Superintendent. (R. S. 1881, 
§4435; R. S. 1894, §5912; R. S. 1897, §6128.) 

1. Suit against Township Trustee. A County Superintendent may bring 
an action against a defaulting Township Trustee ; but his right to bring such an 
action does not prohibit the successor of such Trustee suing his predecessor. 
Nichols V. State, 65 Ind. 512. 

2. See Carr v. State, 81 Ind. 342, concerning the power of County Superin- 
tendents to bring suit. 

L1901, p. 106. Approved and in force March 6, 1901.J 

94. Interest in private normal school. 1. ^o county 
Superintendent shall conduct or assist in the conducting of any 
private or county normal school in this State, or receive any 
pay or emolument from the management of such school. 

95. Penalty. 2. Any person violating the provisions of 
this act shall be fined in any sum not exceeding one hundred 
dollars, and shall be removed from office. 

96. Duty of Prosecuting Attorney. 3. It shall be the 
duty of the prosecuting attorney to bring an action in the name 
of the State of Indiana, on relation of himself, against any one 
violating the provisions of this act, for the enforcement thereof, 
and he shall recover from the defendant in such action a reason- 
able attorney fee. 



SCHOOL LAW OF INDIANA. Ill 



CHAPTER VL 

COUNTY BOARD OF EDUCATION. 

[1877, p. 122. Approved and in force March 2, 1877.1 

97. County Board of Education. 8. The County Super- 
intendent and the Trustees of the townships, and the Chairman 
of the School Trustees of each town and city of the county shall 
constitute a County Board of Education. Said Board shall 
meet semi-annually at the office of the County Superintendent 
on the first days of May and September (unless the said days be 
Sunday, and if so, on the day following), a majority of whom 
shall constitute a quorum. The County Superintendent shall 
preside at the meetings of the Board, shall be allowed to vote 
on all questions as other members of the same are allowed to 
vote. Said Board shall consider the general wants and needs 
of the schools and school property of which they have charge, 
and all matters relating to the purchase of school furniture, 
books, maps, charts, etc. The change of text-books, except 
cities, and the care and management of township libraries, shall 
be determined by such Board, and each township shall conform 
as nearly as practicable to its action ; but no text-book here- 
after adopted by the County Board shall be changed within six 
years from the date of such adoption, except by unanimous 
vote of all the members of such Board : Provided, That any 
text-book heretofore adopted by the County Board of Educa- 
tion shall not be changed within three years from the date of 
its adoption. (R. S. 1881, §4436; R. S. 1894, §5912; R. S. 
1897, § 6129.) 



1. See State v. Harrison, 67 Ind. 71 ; Sackett v. State, 74 lud. 491. 

2. Quorum, Course of Study, Kules and Eegulations, Records, etc. 
In the absence of the County Superintendent the Board may appoint one of its 
members president pro tern. No action can be taken by the Board unless a major- 
ity of all the members are present. If such majority be present at any meeting 
the Board may take legal action upon suitable questions by a majority vote of 
those present ; but some questions require a majority vote, and others a unani- 
mous vote, of all the members of the Board. 

The Board may adopt a course of study for the district schools, and rules and 
regulations for the government thereof, but it should not attempt to make rules 
for the schools of towns and cities. 



112 SCHOOL LAW OF INDIANA. 

It is very important that school officers and County Boards should make a 
careful record of their proceedings. If a Board takes any legal action, and fails 
to record it, or makes an incorrect record, the record can be amended by order of 
the Board at a subsequent meeting. A legal act is not necessarily void by reason 
of a failure to make a record of it; but if a question should arise as to the action 
of a Board, evidence may be taken at a subsequent meeting outside the records, 
and a new record may be made in accordance with the fact as ascertained. 

The County Board and Trustees have the right to make such rules and regu- 
lations, according to law, as will tend to promote the general good of the public 
schools, and it is the duty of teachers to caiTy out such rules in good faith. 

3. Can Not Make Contracts. The County Board of Education has no power 
to make contracts. It is merely a g'wctsr-corporation with but limited powers, and 
iB nowhere authorized to contract, or sue or be sued. As a Board it has no control 
of revenues, nor power to order any expenditure. But all or any number of the 
Trustees may join together in purchasing or contracting for supplies, and such 
action may often be advisable. It is not, however, the action of the Board. 

4. Adoption of High School Books. So far as the above section relates to 
the selection and adoption of text-books in the eight common school branches 
(sec. 77) it was repealed by the text-book laws of 1889, '91 and '93 (sees. 26 to 
72) ; but text-books for high school subjects, in the township graded schools, may 
be adopted by the County Board of Education, and their use enforced by all 
reasonable rules. 

5. Books Used and How Obtained. The Legislature has the authority to 
prescribe the course of study and the system of instruction that shall be pursued 
and adopted, as well as the books which shall be used. — State v. Haworth, 122 
Ind. 462. 

6. The Legislature has the power to require a designated series of books to 
be used in the schools, and to require that the books selected shall be obtained by 
the school officers from the person to whom the contract for supplying them may 
be awarded. It may not only prescribe regulations for using the books desig- 
nated, but it niay also declare how the books shall be obtained and distributed. 
—State V. Haworth, 122 Ind. 462. 

7. Illegal Kulings of County Board as to Licenses. The rule of a 
County Board declaring that "no person under the age of twenty shall be licensed 
to teach in this county " is unauthorized by the statutes, palpably unreasonable 
and unwarranted in law. 

8. Illegal Kulings of County Board as to Holidays. The rule of the 
County Board declaring that " no pay shall be allowed teachers for holidays that 
fall on legal school days " is illegal and void. 

9. Libel. A newspaper publication, charging that a County Superintendent 
of schools, for a consideration in money, had, by the use of his influence, induced 
the County Board of Education to order a change in school books, is a libel in the 
sense of the statute. — Hartford v. State, 96 Ind. 461. 

10. Legislature May Prescribe Duties of Officers. The power over 
the school system is legislative and exclusive, and the Legislature has authority 
to impose upon all officers whose tenure is legislative, such duties respecting 
school affairs as it deems proper. All such officers take their offices turn, onere, 
and must do what the Legislature demands, or else resign. — State v. Haworth, 122 
Ind. 462. 



SCHOOL LAW OF INDIANA. 113 

11. The County Board may adopt a course of study and compel every pupil 
to take the entire course in the order prescribed on penalty of expulsion. 

Our State Constitution, article 8, section 182, directs the General Assembly 
"to provide, by law, for a general and uniform system for common schools, 
wherein tuition shall be without charge, and equally open to all." As a result of 
this the General Assembly enacted sections 11 and 85, which provide for the 
proper administration of this "system of common schools." To hold that the 
General Assembly charged the officers provided for in the above cited sections 
with the administration of the school system, without at the same time investing 
them with the necessary executive power to enforce their administration would be 
absurd. Such interpetration of these statutes would be the worst kind of travesty. 
It would be to render the whole common school machinery not only useless but 
ridiculous. 

The officers in the before mentioned sections have the undoubted legal author- 
ity to adopt a course of study and to make all reasonable rules and regulations 
for the proper carrying out of the same. The teachers, of course, would have to 
carry out such rules as are directed by the Trustee or School Board. But to 
what extent the officers would be warranted in going to carry out their reasonable 
rules is the question. Our Supreme Court in State v. Webber, 108 Ind. 31, 
said : 

"A rule, prescribed by the Superintendent of the free graded schools of a city, 
with the sanction of the Trustees, that the pupils in the high school department 
shall, at stated intervals, employ a certain period of time in the study and prac- 
tice of music, for which purpose they shall provide themselves with a prescribed 
book, is an exercise of discretionary power conferred by law, and unless the regu- 
lation is shown to be unreasonable, or a satisfactory excuse for failing to comply 
therewith is given, mandamus will not lie to compel the school authorities to re- 
admit a pupil who has been suspended for disobedience thereof." 

There might be some cases in which it would be reasonable and just to excuse 
a pupil from taking the full course, or in the order prescribed, but they are ex- 
ceptions. 

It seems it would be best to educate the people to see that it is advantageous 
to their children to take all the studies, and in the order prescribed, rather than 
to resort to the law to compel people to do that which is obviously to their own 
interest. A parent stands in his own light when he objects to having his child 
carried through the course of study in the sequential order of the studies. 

12. Election of Truant Officers. The Acts of 1901 require the County 
Board of Education to meet on the first Monday in May each year to elect 
Truant Officers. See "compulsory education law," section 335, page 260. 



114 



SCHOOL LAW OF INDIANA. 



Sec 




Sec 


98. 


Schooltowiiship. 


115. 


99. 


Towns and Cities. 


116. 


100. 


School Trustees in cities and towns. 




101. 


Town abandoning control of schools. 


117. 


102. 


Conveyance to Trustee. 


118. 


103. 


Charge of town schools. 


119. 


104. 


Trustees' bonds— Vacancy. 


120. 


105. 


Trustees manage revenues — Reports. 


121. 


106. 


Record— Duty as to revenue. 


122. 


107. 


Annual statement. 


123. 


108. 


General duties. 


124. 


109. 


Duration of school in any year. 


125. 


110. 


Care and management of school prop- 


126. 




erty. 


127. 


in. 


Superintendent in cities and towns. 


128. 


112. 


Joint grade schools. 


129. 


113. 


Joint school district— Petition. 


130. 


114. 


Expense of establishing — Controlling 


131. 




school. 


132. 



[1859, p. 181. Approved March 3 

98. School Township. 1. 



CHAPTER YII. 

ADMINISTRATION. 

Expense of maintenance. 
Abandonment of school district or cor- 
poration. 
Consent of voters to abandonment. 
Kindergartens. 
Tax for kindergartens. 
How collected. 
Night schools. 
Age of pupil. 

Surplus special school revenue. 
Things legalized. 
Teachers' report. 
Trustees' reports. 
Failure to report. 
Neglecting duties. 
Failing to serve. 
Trustees' accounts. 

Examination of Trustee and his books. 
132. Correction of accounts— Removal. 

1859, and in force August 6, 1859.J 

Each and every township that 
now is, or may hereafter be, organized in any county in this 
State, is hereby also declared to be a school township, and, as 
such, to be a bod}^ 23olTtic and corporate, by the name and style 

of" school township of county," according to the 

name of the township and of the county in which the same may 
be organized ; and, by such name, may contract and may be 
contracted with, sue and be sued, in any court having competent 
jurisdiction. E. S. 1881, § 4437 ; R. S. 1894, § 5913 ; R. S. 1897, 
§ 6130.) 

1. Corporations Distinct. " There are two corporations in Greene County 
[conterminous in territory], with almost the same name. * * * The first is 
denominated a civil township, the second a school township. * ® * It must 
be contemplated that the funds, etc., of these two corporations shall be kept sep- 
arate. It is as an officer of the school township, and not as an officer of the civil 
township, that the Trustee has authority and power to levy a tax for the erection 
of school houses, and to expend the same for that purpose. We think it must 
follow that it is as Trustee of the school township, and not as Trustee of the civil 
township, that the Trustee must contract for the building of school houses. We 
do not think the Trustees of the civil township can legally contract for the build- 
ing of a school house and make the civil township liable therefor." — Carmichael 
V. Lawrence, 47 Ind. 554; Utica Township v. Miller, 62 Ind. 230; Harrison School 
Township v. McGregor, 96 Ind. 185; Johnson v. Smith, 64 Ind. 275; Inglis v. 
State, 61 Ind. 212; Wright t). Stockman, 59 Ind. 65; Wingate v. Harrison School 
Township, 59 Ind. 520. A civil township has no power to make a contract for the 



SCHOOL LAW OF INDIANA. 115 

benefit of school property. — Jackson Township v. Barnes, 55 Ind. 136; Jackson 
Township v. Home Insurance Company, 54 Ind. 184 ; McLaughlin v. Shelby Town- 
ship, 52 Ind. 114; Mcllwaine v. Adams, 46 Ind. 580; Hornby v. State, 69 Ind. 102. 

2. Intentions Considered. But a note, showing on its face that it was 
given in payment for articles furnished for the use of schools, though executed 
by a Trustee apparently in the name of the civil township, binds the school 
township. — Moral School Township v. Harrison, 74 Ind. 93; Johnson School 
Township v. Bank, 81 Ind. 515; Jackson School Township v. Hadley, 59 Ind. 
584; White v. Kellogg, 119 Ind. 820. 

3. WiLi.. A devise by will, for the support of the public schools, can be 
made to a township ; and a devise to a township, without saying whether to the 
school or the civil township is a devise to the school township. — Skinner v. Harri- 
son Township, 116 Ind. 139. 

4. Suit on Official Bond. A Township Trustee may be the relator in a 
suit upon the oflicial bond of his predecessor, to recover moneys due the civil 
township, and also moneys due the school township; and under a proper com- 
plaint there may be a recovery for funds of either or both of the corporations ; 
but on a complaint in which he sues only as trustee of the civil township, he can 
not recover money due to the school township. — Steinmetz v. State, 47 Ind. 465. 

5. Civil Township Can Not Build a School House. A civil township 
has no authority to make a contract for the erection of a school house ; and if it 
sue on a contract for the erection of a school house, the complaint, though it may 
state a good cause of action in favor of the school township, will be bad on de- 
murrer. McLaughlin v. Shelby Township, 52 Ind. 114; Utica Township v. Miller, 
62 Ind. 230. A town organized as a school corporation is the proper plaintiff in 
an action to recover land previously deeded for school purposes to the school 
township in which it is situated. — Newpoint Lodge v. Town of Newpoint, 138 
Ind. 141. 

6. Pleadings Must Designate the Corporation — Civil or School. Where 
an action is brought against a township, and the townshi]! name, merely, is given, 
it is conclusively presumed that the action is against the civil township. To make 
a complaint effective against the school corporation, it must, by appropriate aver- 
ments, designate the school township, or its representation. It should be against 
the "school township trustee." — Jarvis v. Robertson, 126 Ind. 281; Braden v. 
Leibenguth, 126 Ind. 886. 

7. Suit Against School Trustees of Town or City. An action to recover 
from a city or town school board, should be brought, not against such trustees, but 
against the school corporation, by the name and style of "The school city of 
," filling the blank with the name of the city. — Sims v. McClure, 52 Ind. 267. 

8. Suit Against Township and not Against Trustee Personally. A 
summons reading, "You are hereby commanded to summons trustee Cicero school 
township, etc.," sufficiently indicates that the action is against the township, and 
not against the trustee personally, and the township is bound to take notice of the 
pendency of the action. — Vogel v. Brown Tp., 112 Ind. 299; distinguished in 
Cicero School Tp. v. Chicago National Bank, 127 Ind. 79. 

9. Suit for School Taxes. An action against a civil township for school 
taxes is. bad on demurrer. — Wright v. Stockman, 59 Ind. 65. 

10. No Authority to Borrow Money — Liability for Borrowed Money. 
There are restrictive provisions [in the school law] which, fairly construed, must 



116 SCHOOL LAW OP INDIANA. 

be held to deny the authority to negotiate loans. — First National Bank v. Union 
School Tp., 75 Ind. 361. But if a Trustee borrows money to build a needed and 
suitable school house, the school township receiving the benefit will be liable 
therefor. — Bicknell v. Widner School Tp., 73 Ind. 501. But in such case it must 
be averred and proved that the school township received the benefit of the 
money. — Reeve School Tp. v. Dodson, 98 Ind. 497; Union School Tp. v. First 
National Bank, 102 Ind. 464; Cicero School Tp. v. Chicago National Bank, 75 
Ind. 361, 368; Pine Civil Tp. v. Huber Mfg. Co., 83 Ind. 121; Lebanon National 
Bank v. Clinton School Tp., 24 Ind. App. 359; Clinton School Tp. v. Lebanon 
National Bank, 18 Ind. App. 42; Oppenheim v. Jackson School Tp., 22 Ind. App. 
521. And that there was no fraud practiced in the execution of the note. — Boyd 
V. Mill Creek School Tp., 124 Ind. 193. See also Grimsley v. State, 116 Ind. 
130; State v. Howes, 112 Ind. 323; Kittenger v. Monroe School Tp., 3 Ind. App. 
411; Messick v. Midland By. Co., 128 Ind. 81. Such were the decisions previous 
to 1 899, but now a Trustee can not borrow money ; the Township Advisory Board 
must authorize loans to render them valid. 

11 . Contracts of Trustee — Notice. In dealing with the Trustee of a school 
township, all persons are bound to take notice of his official and fiduciary char- 
acter, and to know that he can only bind his township by contracts which are 
shown to be authorized by law.— Bloomington School Tp., v. National, etc., 107 
Ind. 43; Union School Tp. ». First National Bank, 102 Ind. 464; Kittenger v. 
Monroe School Tp., 3 Ind. App. 411 ; State v. Board, 147 Ind. 235; Clinton School 
Tp. V. Lebanon National Bank, 18 Ind. Apjj. 42; Davis v. Steuben School Tp., 19 
Ind. App. 694; Boai-d v. Galloway, 17 Ind. App. 689; Boards. Hemphill, 14 Ind. 
App. 219; Snoddy v. Wabash School Tp., 17 Ind. App. 284; First National Bank 
V. Adams School Tp., 17 Ind. App. 375; Austin Mfg. Co. v. Smithfield Tp., 21 
Ind. App. 609. 

12. School Supplies — Necessary Averments. A complaint against a 
school township on a contract for school supplies to be good must allege that such 
supplies are necessary and suitable for the use of the public schools of the town- 
ship, and that they have been delivered to and accepted by such township. — 
Bloomington School Tp. v. National, etc., 107 Ind. 43. As to sufficiency of a 
complaint, see First National Bank v. Adams School Tp., 17 Ind. App. 375; Clin- 
ton School Tp. V. Lebanon National Bank, 18 Ind. App. 42. And that there was 
iio collusion to defraud.- — Boyd v. Mill Creek School Tp., 124 Ind. 193; Kittenger 
L. Monroe School Tp., 3 Ind. App. 411. Where the suit is for school supplies fur- 
nished, school teachers may testify concerning their usefulness and the necessity 
of their purchase. — Litten v. Wright School Tp., 1 Ind. App. 92. 

13. Bank Deposit — Promissory Note. When a Trustee of a school corpora- 
tion executes promissory notes in the name of the corporation, deposits the 
money in his own name, and draws it out upon checks signed by himself as an 
individual, he becomes the creditor of the bank for such deposits, and the trans- 
action is one between the bank and its depositor. — Union School Tp. v. First 
National Bank, 102 Ind. 464. 

14. No Liability — When Trustee has School Funds in His Hands — 
Note Void. When the Trustee has money in his hands derived from the school 
revenue or funds, the lender of money can not be subrogated to the rights of the 



SCHOOL LAW OF INDIANA. 117 

persons holding claims against the school corporation. — Union School Tp. v. First 
National Bank, 102 Ind. 464; Clinton School Tp. v. Lebanon National Bank, 18 
Ind. App. 42; Killian c. State, 15 Ind. App. 261. 

15. Fraudulent Issue of Certificates or Ouders. If by a conspiracy 
certificates or orders are issued they are void, and even though the township has 
not rescinded the contract, and retains the benefit thereof, it is not bound upon 
such fraudulent certificate or order, and the assignee is not entitled to recover the 
actual value of goods furnished the township. — Boyd v. Mill Creek School Tp., 
24 Ind. 193. 

16. Orders Without Consideration Void — Estoppel. If a Trustee issues 
orders or certificatCvS in the name of his tovrnship without consideration, such 
order or certificate is invalid and void, and in such case no act, conduct or promise 
of the Trustee or his successors in office will estop the township from pleading the 
want of consideration as sufficient defense to any suit against the township upon 
such order or certificate. — Axt v. Jackson School Tp., 90 Ind. 101. 

17. Statute op Limitation — Time of Filing Complaint. An amendment 
to a complaint has reference to the time at which the complaint was filed. Where 
a town was sued as a school corporation, but not specifically described as such, 
the time of filing an amended complaint — if the statute of limitations intervene — 
relates back to the time of filing the original complaint. — Schooltown of Monti- 
cello V. Grant, 104 Ind. 168. 

18. Judicial Knowledge. The Supreme Court will take judicial knowledge 
that the Township Trustee is the Trustee of the school township. — State v. Mc- 
Donald, 106 Ind. 233. But it will not take judicial knowledge of the names of 
the townships of a county. — Bragg v. Board, 34 Ind. 405. 

19. De Facto Officers. The contract of a de facto Township Trustee, if 
otherwise valid, is binding upon the township. — School Town of Milford v. Zeigler, 
1 Ind. App. 138. 

20. Livery Hire. A township is not liable for the hire of a livery team 
employed by the Trustee to enable him to attend to the township's business. — 
State V. Board, 147 Ind. 235. 

21. Office Rent. The township is not liable for the Trustee's oflBce rent. — 
State V. Board, 147 Ind. 235. 

22. Township Order. A township order can not be assigned so as so cut off 
any defense the township may have against it. Davis v. Steuben School Tp., 19 
Ind. App. 694; First National Bank v. Osborne, 18 Ind. App. 442. 

23. Judgment on Township Order. But when a judgment has been ren- 
dered on a township order, the Trustee who succeeds the Trustee in whose term it 
was rendered can not have it set aside in order to defend against the order. — 
Davis V. Steuben School Tp., 19 Ind. App. 694. 

24. Liability on Indorsement. A Trustee is not liable on his endorsement 
on a township order, nor on his statement that it is valid and will be paid.^ 
Fowler National Bank v. Brown, 19 Ind. App. 433; First National Bank v. 
Osborne, 18 Ind. App. 442. 

25. Estoppel to Deny Debt. The approval of the report of the Trustee, 
setting out that he had borrowed money for the necessary use of the township, 



118 SCHOOL LAW OF INDIANA. 

does not estop or prevent the township denying the validity of the debt. — Timmons 
V. Pine School Tp., 22 Ind. App. 93. 

26. Attorney Fee in Note. A township is not liable on its agreement in 
a note to pay an attorney fee. — Snoddy v. Wabash School Tp., 17 Ind. App. 284. 

27. Township Advisory Board Lav^^. All the foregoing decisions were 
rendered before the Township Advisory Board Law was in force. All contracts 
now in violation of that law are void. See section 340. 

99. Towns and cities. 4. Each civil township and each 
incorporated town or city in the several counties of the State is 
hereby declared a distinct municipal corporation for school pur- 
poses, by the name and style of the civil township, town or city 
corporation respectively, and by such name may contract and 
be contracted with, sue and be sued, in any court having com- 
petent jurisdiction ; and the Trustee of such Township, and the' 
Trustees provided for in the next section of this act, shall, for 
their township, town, or city, be School Trustees and perform 
the duties of Clerk and Treasurer for school purposes. (R. S. 
1881, § 4438; E, S. 1884, § 5914; R. S. 1897, § 6131.) 

1. Corporate Names. It has been decided, in very many cases, that the 

name of the school corporation is "the School Town (or city) of ,"or "School 

Township of County," and that, in this name, it must sue and be sued; that 

instead of a distinct function bestowed on the civil or municipal corporation, an 
independent and distinct corporation, for school purposes only, is created by this 
section; and that section 98 is still in force. — Carmichael v. Lawrence, 47 Ind. 
554; City of Huntington v. Day, 55 Ind. 7; Jarvis v. Shelby, 62 Ind. 257; Har- 
rison 1'. McGregor, 67 Ind. 380. 

2. Corporations Independent. Each civil township and each incorporated 
town and city is a distinct school corporation, entitled to receive and expend its 
proper school moneys independent of any control by any other such corporation. 

— Johnson v. Smith, 64 Ind. 275 ; Campbell v. City of Indianapolis, 155 Ind. • 

same case, 57 N. E. Kep. 920. 

3. Designations in Suits. The character in which an incorporated town 
may sue or be sued as a school corporation may be designated either in the title 
of the action, as a school corporation, or in the complaint, by an allegation of that 
fact. — Town of Noblesville v. McFarland, 57 Ind. 335; but see Steinmetz v. State, 
47 Ind. 465; Eobinson v. State, 60 Ind. 26; Inglis v. State, 61 Ind. 212. 

4. Property and Revenues. When a village becomes incorporated the 
ochool town thus created becomes, as Trustee by statute, the successor of the town- 
ship in the right to the possession and control of school property within its territory. 
— School Town of Leesburg v. Plain Township, 86 Ind. 582. And as soon as School 
Trustees are appointed aiad qualified they have a right to demand and receive of 
the Town Trustee whatever sums of money he has received by reason or on 



SCHOOL LAW OP INDIANA. 119 

account of the school children residing within or trunsfeired to the town, and he 
can not lawfully withhold it on any ground. He received and held it in trust for 
those children. Johnson v. Smith, 64 Ind. 275. 

5. CoRPOBATiONS DiSTiNCT. A civil township and the school township of the 
same territory are distinct corporations, and each must sue and be sued in its own 
proper corporate^name, and neither can sue in the name of the other, or in that 
of the Township Trustee. So also a civil town and the school town are distinct 
corporations, which must sue and be sued in its own corporate name. — Wright v. 
Stockton, 59 Ind. 65. 

6. Power of School City. A city organized under the general law for the 
incorporation of cities has no power to buy or give its promissory notes for a county 
seminary, though for school purposes in the city. That power belongs to the 
school corporation of the city. — State v. City of Terre Haute, 87 Ind. 212. 

7. Division of Eevenues. Where money has been apportioned to a school 
township and received by the Trustee thereof, some of which belongs to a school 
town afterward organized, and he refuses to pay it over, he may be compelled by 
mandate to do so, and the School Trustees of the town are the proper relators in 
such a suit. — Hon v. State, 89 Ind. 249. 

8. Property of School Corporaton. Keal estate and buildings held by a 
school corporation for school purposes are subject to appropriation for highways 
as is private property. — Rominger v. Simmons, 88 Ind. 453. 

9. Judicial Notice. The courts will not take judicial notice of a township 
organization, nor its name. — Bragg i;. Board of Commissioners, 34 Ind.^405; Swails 
V. State, 4 Ind. 516. 

10. Action. In dealing with a Trustee of a school township, all persons are 
bound to take notice of his official character, and to know that he can only bind 
his township by contracts which are shown to be authorized by law. There- 
fore, a complaint against a school township on a contract for school supplies, to 
be good, must allege that such supplies are necessary and suitable for the use of 
the public schools of the township, and that they have been delivered to and 
accepted by such township. — Bloomington Schoor Township v. National School 
Furnishing Company, 107 Ind. 43; Platter v. Board, 103 Ind. 360; Summei;s v. 
Board, 103 Ind. 262; Reeve School Township v. Dodson, 98 Ind. 497; Axt v. Jack- 
son School Township, 90 Ind. 101; Pine Civil Township v. Huber, etc., 83 Ind. 
121 ; Kittenger v. Monroe School Tp., 3 Ind. App. 411. 

11. Summons. A summons in an action against a township must be issued 
against the township; and if issued against the Trustee of such township a judg- 
ment thereon against the township is void. — Vogel v. Brown School Township, 112 
Ind, 317 ; Vogel v. Brown Township, 112 Ind. 299. 

[1875, p. 135. Approved and in force March 12, 1875.] 

100. School Trustees in cities and towns. 5. The Com- 
mon Council of each city and the Board of Trustees of each 
incorporated town of this State shall, at their first regular 
meeting in the month of June, elect three School Trustees who 
shall hold their office, one, two and three 3-ears respectively, as 



120 SCHOOL LAW OF INDIANA. 

said Trustees shall determine by lot at the time of their organi- 
zation, and, annually thereafter, shall elect one School Trustee, 
who shall hold his office for three years. Said Trustees shall 
constitute the School Board of the city or town ; and, before en- 
tering upon the duties of their office, shall take an oath faith- 
fully to discharge the duties of the same. They shall meet 
within five days after their election, and organize by electing 
one of their number as president, one as secretary, and one as 
treasurer. The treasurer, before entering upon the duties of 
his office, shall execute a bond, to the acceptance of the County 
Auditor, conditioned as in ordinary official bonds, with at least 
two sufficient freehold sureties, who shall not be members of said 
Board, in a sum not less than double the amount of money which 
may come into his hands, within any one year, hy virtue of his 
office. The president and secretary shall each give bond, with 
like sureties, to be approved by the County Auditor, in any sum 
not less than one-third of the treasurer's bond. All vacancies 
that may occur in said Board of School Trustees shall be filled 
by the Common Council of the city or Board of Trustees of 
the town ; but such election to fill a vacancy shall only be for 
the unexpired term. The Board of School Trustees shall, each 
year, within five days after the annual election of a member, reor- 
ganize their Board and execute their respective bonds for the 
ensuing year. Said Trustees shall receive for their services such 
compensation as the Common Council of the city or the Board 
of Trustees of the town may deem just ; which compensation 
shall be paid from the special school revenue of the city or 
town. (R. S. 1881, .§4439; R. S. 1894, §5915; R. S. 1897, 
§6132.) 

1. Town Trustee. A Town Trustee of an incorporated town may be elected 
to the office of School Trustee. — State v. Meyer, 60 Ind. 288. 

2. Time op Election. As to the time of election, this section is merely di- 
rectory; and if omitted at the time it may be made afterward. — Sackett -y. Fore- 
man, 74 Ind. 486 ; Minnick v. State, 154 Ind. 387. 

3. Resignations. A resignation of a town or city School Trustee should be 
addressed to the body that elects, and is complete without formal acceptance; yet 
its withdrawal even after acceptance but with the consent of the electing body is 
equivalent to a reappointment. In case of such resignation an election to fill the 
vacancy may be held before the day set for the resignation to take effect. — Leach 
V. State, 78 Ind. 570. 

4. Power as to Vaccination. School Trustees, have the power, as a meas- 
ure of public safety and to guard against a contagious disease, to f>vder school. 



SCHOOL LAW OF INDIANA. 1^1 

children to be vaccinated, but they should exercise it with discretion. In some 
localities there is no earthly danger of sraall-pox; in others — as a crowded city — 
when the disease has made its appearance immediate measures should be taken. 

5. Purchase of Ground. The School Trustees can not purchase ground or 
enter into contracts for building except with the approval of the Common Council 
or Town Trustees. 

6. Office Lucrative. As the statute provides for the compensation of Town 
School Trustees, their oiBce is a lucrative one within the meaning of the Constitu- 
tion, and a person can not hold it at the same time with another lucrative office. 
—Chambers v. State, 127 Ind. 365. 

7. Suit Against Towns. A complaint against a school town alleging the 
employment of plaintiff by the defendant to teach school and breach of the con- 
tract, is sufficient without alleging employment by the Trustees of the town or 
that the town was incorporated, or that there was a Board of Trustees. In such 
a case a paragraph of a complaint founded on an account is good. — School 
Town of Eochester v. Shaw, 100 Ind. 268. 

8. Officer de Facto. Pending suit to determine who is School Trustee, 
the courts will compel the County Auditor to recognize the Trustee in possession. 
Leach v. Cassidy, 23 Ind. 449. Hold-over Trustees can bind the school corpora- 
tion. — School Town of Milford v. Zeigler, 1 Ind. App. 138. 

9. Amendment of 1875. This section was amended in 1875, and it super- 
seded and took the place of the amendment of 1873 (Acts 1873, p. 68). — Blake- 
more V. Doian, 50 Ind. 194. 

10. Abolishing Office. The Legislature may abolish the office of School 
Trustee, or shorten or lengthen the term thereof. — Blakemore v. Dolan, 50 
Ind. 194. 

11. Old Board's Contract. A contract made by the Board of School Trus- 
tees of an incorporated town or city with a school superintendent or a teacher, 
prior to the annual election in June, of a new member of the Board, and the re- 
organization required by statute, for services to be performed after the election of 
such member, is valid and binding on the school corporation. — Keubelt v. School 
Town of Noblesville, 106 Ind. 478. 

12. Mandamus. Mandamus lies to compel a school officer to deliver the 
records, books and papers of the office to his successor. Frisbie v. Clarksville, 78 
Ind. 269 : and to compel the Trustees of a town or city to elect School Trustees. 

13. Extending Term. The provisions of the Constitution (E. S. 1881, §225; 
E. S. 1894, g225; E. S. 1897, §225) extending the regular terms of officers until 
their successors "shall have been elected and qualified," applies to School Trus- 
tees, and such Trustees continue in office until their successors have not only been 
elected but have taken their oath of office and have filed their official bonds. 
—School Town of Milford v. Powner, 126 Ind. 528. 

14. Board Acts as a Unit. The Board must act as a body, not as individ- 
uals, the majority ruling; and their action should be recorded. 

But where one of the School Trustees of a town signed a contract of employ- 
ment with a teacher in one of the schools of the town, and at a called meeting the 
contract was adopted by the Board and signed by another member, it became 
binding upon the town. — School Town of Milford v. Powner, 126 Ind. 528. 

15. Validity op Eules and Eegulations. Eegulations adopted by per- 
sons in charge of a school are analogous to by-laws enacted by municipal and 



122 SCHOOL LAW OF INDIANA. 

other corporations, and botli will be annulled by the courts when found to be un- 
authorized, against common right, or palpably unreasonable. -State v. White, 82 
Ind. 278. 

16. City Councilman. The office of City Councilman is not a lucrative 
office within the meaning of the Constitution. — State v. Kirk, 44 Ind. 401. 

17. Justice op the Peace can not Serve as Trustee. A Justice of the 
Peace can not serve as School Trustee. — See § 176 State Constitution. Post. 

18. Assent of Majority. A majority of the Board, at a legal meeting, 
must consent to an order to render it valid.— City of Logansport v. Dykeman, 116 
Ind. 15. 

19. Keasonableness of Eules. Kules must be reasonable under the cir- 
cumstances. — Fertich v. Michener, 111 Ind. 472. Any rule of the school not sub- 
versive of the rights of the children or parents, or in conflict with humanity and 
the principles of the divine law, which tend to advance the objects of the law in 
establishing public schools, must be considered reasonable and proper. — Fertich v. 
Michener, 111 Ind. 472. 

20. City Clerk. The office of City Clerk is not an office "under the State," 
within the meaning of section 176, State Constitution. — Mohan v. Jackson, 52 
Ind. 599. 

21. Acceptance of Lucrative Office. If an officer holding one lucra- 
tive office accepts another, the acceptance of the second vacates the first. — Howard 
V. Shoemaker, 35 Ind. Ill ; Mohan v. Jackson, 52 Ind. 599. 

22. Authority to Adopt Eules. The School Board and school authori- 
ties have the power to adopt rules and regulations for the government of the 
schools under their control. — Fertich v. Michener, 111 Ind. 472. 

23. Eules op Superintendent or Teacher Binding on Pupils. Any 
reasonable rule adopted by the superintendent or teacher, not inconsistent with 
some statute or some rule prescribed by higher authority, is binding upon the 
pupils.— Fertich v. Michener, 111 Ind. 472. 

24. Gradation op Pupils. When a child has graduated from one depart- 
ment it is ineligible to that department again. 

25. When Two Boards Act Together. When two Boards act together a 
majority of the whole Board of Trustees, whether such majority come from one 
corporation entirely, or from different corporations interested, have the power to 
transact any and all business. — Hanover School Township v. Gant, 125 Ind. 557. 

26. Eatification of Contracts. Contracts may be ratified by the Board 
either by special resolution or by acquiescence. 

27. Defalcation — Liability of Members op Boards. A Trustee who 
has had no part in the misapplication of funds is not liable therefor. — State v. 
Julian, 93 Ind. 292. 

28. Contracts with De Facto Trustees. The contracts of de facto Trus- 
tees with teacher is binding upon their school corporation ; and in an action by 
such teacher on the contract, the validity of their acts as officers can not be called 
in question. — School Town of Milford v. Zeigler, 1 Ind. App. 138. 

29. Acquiescence in Illegal Election of Officers. After six years of 
acquiescence and approval on the part of the school town in the election and 
serving of certain persons acting as School Trustees, third persons dealing Avith 
them have the i-ight to presume that they are at least officers de/acto. — School 
Town of Milford v. Zeigler, 1 Ind. App. 138. 



SCHOOL LAAV OF INDIANA. 123 

30. Hiring of Teacher by Old School Board. A board of School Trus- 
tees (not a Township Trustee, § 239), after their successors have been elected, and 
before they are entitled to serve as officers, may hire a teacher for the year be- 
ginning after their terms of office will expire. — School Town of Milford v. Zeigler 
1 Ind. App. 138. A School Trustee of a township can not ignore his predecessor's 
contract, because of mere formal and technical defects. — Sparta School Tp. v. 
Mendell, 138 Ind, 188. (See g 239.) 

31. Signing Contract. If the School Boai-d in session hire a teachei-, the 
contract with him may be signed at different times; and a signing by a majority 
of the Trustees is sufficient. — School Town of Milford v. Zeigler, 1 Ind. App. 138. 

32. Abolishing School — Effect on Teacher's Contract. . A contract with 
a teacher to teach can not be annulled by abolishing the school he was to have 
taught.— School Town of Milford v. Zeigler, 1 Ind. App. 138. 

33. Majority op Trustees Sufficient to Make a Contract. A contract 
by two of three Trustees, when in session, "is valid." — School Town of Milford v. 
Zeigler, 1 Ind. App. 138. 

34. Illegal Design of Trustee. A teacher's contract is not void when the 
Trustees have an illegal purpose or design in view, if he does not participate in 
such purpose or design. — School Town of Milford v. Zeigler, 1 Ind. App. 138. 

35. Contest. Pending litigation to determine who is entitled to exercise an 
office, the officer de facto shall act, and when it appeared to the court that A was 
in possession of the office of School Trustee it properly compelled the County 
Auditor to recognize him as such. — Ijeach v. Cassidy, 23 Ind. 449. See also School 
Town of Milford v. Zeigler, 1. Ind. App. 138. 

36. Employment by School Town. A complaint against a school town 
alleging the employment of the plaintiff by the defendant to teach school and a 
breach of contract is sufficient, without alleging employment by the Trustees of 
such school town, or that the town was incorporated, or that thei'e was a Board of 
Trustees in said town. — School Town of Rochester i;. Shaw, 100 Ind. 268; Sparta 
School Township v. Mendell, 138 Ind. 188. 

37. Suit on Treasurer's Bond — Penalty — Eelator. The incoming Treas- 
urer may sue the outgoing Treasurer on his official bond for failure to turn over 
funds in his hands, and such suit may be maintained without an order from the 
County Commissioners. He is liable to the penalty of 10 per cent. — Sec. 91. — 
Hiatt V. State, 110 Ind. 472. 

38. Incoming Treasurer Entitled to Receive Money Only From His 
Predecessor. An incoming Treasurer is entitled to receive money only from his 
predecessor. — Hiatt v. State, 110 Ind. 472. 

39. Trustee Failing to Take Oath — Vacancy. If the Trustee elected 
fails to take his oath of office within five days after his election, he forfeits his 
office and another may be elected, unless for some valid reason, not of his own 
neglect, he has not been able to take the oath. — Minnick v. State, 154 Ind. 379. 
But in the case of a Township Trustee, where a dispute arose as to when his terrn 
began, a failure to qualify within the time required by the statute pertaining to 
such matters was held not to vacate his office. — Albaugh v. State, 145 Ind. 356. 
If a town or city School Trustee take the oath of office, failure to give bond as 
President, Secretary or Treasurer of the Board to which he is elected does not 
vacate his office as Trustee, although it may as to such office of President, Secre- 
tary or Treasurer. — Koerner v. State, 148 Ind. 158. 



124 - SCHOOL LAW OF INDIANA. 

[1899, p. 373. Approved March 3, 1899; in force April 28, 1899.] 

101. Town abandoning control of schools. 1. Any in- 
corporated town in the State that has no school indebtedness, 
the inhabitants of which does not exceed fifteen hundred, as 
shown by the last preceding general census, may through its 
town Board of Trustees abandon and discontinue its manage- 
ment and control of public schools within such incorporated 
town, and abolish the Board of School Trustees therein. 

102. Conveyance to Trustee. 2. The town Board of 
Trustees of any such incorporated town, upon deciding to 
abandon and discontinue the control of the |3ublic schools there- 
in, shall make and cause to be made a good and sufScient deed, 
conveying all real estate belonging to such school town to the 
Township Trustee of the township in which such incorporated 
town is located; and shall transfer all the personal property 
and fixtures belonging to such school town to such Township 
Trustee, all of which shall be accepted and held by such Town- 
ship Trustee for the use and purposes of the school township 
wherein such town is located. 

103. Charge of town schools. 3. After the requirements 
set forth in the preceding section are complied with, the Town- 
ship Trustee shall have full and complete control of all the 
schools within such town, and shall conduct the same as pro- 
vided for by law for the other schools of such township. 

[1865, p. 3. Approved and in force March 6, 1865.] 

104. Trustees' bonds — Vacancy. 6. The Connty Audi- 
tor, in fixing the penalty and approving and accepting the bonds 
of such Trustees, shall see to their sutficiency to secure the 
school revenues which may come into their hands, as well as 
the ordinary township or other revenue. In case of a vacancy 
in the oflice of Trustee, the County Auditor shall appoint a 
person to fill the same, who shall take an oath and give bonds 
as required in the last preceding section ; and said Auditor shall 
report to the Superintendent of Public Instruction the name 
and postoffice address of each Trustee. (R. S. 1881, §4440; R. 
S. 1894, § 5916 ; R. S. 1897, § 6134.) 

1. Bond Does Not Cover Borrowed Money. There is here a clear implica- 
tiou that the only money which a Trustee can officially receive is that yielded by 



SCHOOL LAW OF INDIANA. 125 

the school revenues. Money obtained by borrowing can not be said to be school 
revenue, and the penalty of the bond does not extend to such money. — Wallis v. 
Johnson Tp,, 75 Ind. 368. 

2. Title to School Money. A Trustee, like a County Treasurer, is liable 
on his bond for all money that may come into his hands by virtue of his office, 
whatever may become of the money. Rock v. Stinger, 36 Ind. 346. 

3. Use Not Conversion. The mere use, by the Trustee, of school revenues 
of the township in his own business, it has been decided was not such a conversion 
of the money as constituted a breach of the conditions of his bond. — Brown v. 
State, 78 Ind. 239; Bocard i-. State, 79 Ind. 270; Goodwine v. State, 81 Ind. 109. 
But the more recent decisions are to the effect that a Trustee may not loan the 
funds coming into his hands as Trustee, and if he do, and receives interest, he 
must account for it. Nor can he use the funds in his own business. — "Winchester 
Electric Light Co. v. Veal, 145 Ind. 506, 515. 

4. When Not Entitled to Interest. Title to such revenues does not vest 
in a Trustee until they are actually drawn by him out of the treasury, and he is 
not entitled to interest on warrants issued against them. — Hadley v. State, 66 Ind. 
271. 

5. Vacancies. A law passed in 1875, took away from the Auditor the 
power of filling vacancies in the office of Town or City School Trustees; and 
the Board of County Commissioners, if in session when the vacancy occurs, or 
before it is filled, fills a vacancy in the office of Township Trustee ; but if the 
vacancy occurs when they are not in session, the County Auditor may fill it. — 
R. S. 1881, § 5996 ; E. S. 1894, § 8071 ; Cooper v. State, 113 Ind. 70. Previous to 
1899, when the Board of County Commissioners met in special session in August 
to receive the Trustees' reports, they could not fill a vacancy in the office of Town- 
ship Trustee. — Heim v. State, 145 Ind. 605. 

It is considered that a person appointed to fill a vacancy in an office holds 
such office until his successor is elected and qualified. The Supreme Court seem to 
have so regarded the question. — See Urmston v. State, 73 Ind. 175. 

6. Eesignation. When a City School Trustee resigns his office, to take effect 
at a future day, the City Council may elect to fill the vacancy before the day fixed 
for the taking effect of the resignation. — Leech v. State, 78 Ind. 570. 

7. Overpayments — Shortage — Set-off. In an action on the bond of a 
Township Trustee he is entitled to set-off against the shortage in one fund over 
payments on account of another, so far as the shortage was occasioned thereby. — 
Finney v. State, 126 Ind. 577; State v. Julien, 93 Ind. 292; Hadley v. State, 66 
Ind. 271, 

8. Eligibility — Alien. A voter under the Constitution of this State, though 
not a citizen of the United States, is eligible to the office of Township Trustee. — 
McCarthy v. Foelke, 63 Ind. 507. 

9. Liability of Surety. When a successor is elected and qualified, but does 
not take possession of the office, and the old Trustee continues to act, his acts are 
void; he is not an officer de facto or de jure, and his sureties are not bound. — Stein- 
back V. State, 38 Ind. 483 ; Rany v. The Governor, 4 Blackf . 2. 

10. Office Lucrative. The office of Township Trustee is a lucrative office 
within the meaning of the State Constitution. — Foltz ii. Kerlin, 105 Ind. 221. 

11. Liability of Officer and Surety. The statute creates a permanent 
and continuing liability and the sureties on his official bond, for a failure to per- 



126 SCHOOL LAW OF INDIANA. 

form any duty imposed by any law in force at the time the bond is executed, or 
which may be subsequently passed during the time for which such officer has 
been elected ; and it is not necessary that the bond should provide in express 
terms for such permanent and continuing liability. — Davis v. State, 44 Ind. 38. 

12. Damages in Suit Upon Bond of Trustee. It is the imperative duty 
of a court rendering judgment against a Township Trustee, in a suit upon his 
official bond, for a violation of a duty in reference to school revenues, to assess 
ten per cent, damages on the amount recovered. — Davis v. State, 44 Ind. 38. 

13. Bond Covers Both Civil, and School Township. A township em- 
braces two distinct corporations, to vf it : The civil township and the school town- 
ship, existing within the same territory and having the same Trustee, who is bound 
by a single official bond. — Inglis v. State, 61 Ind. 212. 

14. Action by Successor. An action on the relation of a Township Trustee, 
on the bond of a defaulting predecessor, may be instituted without the request or 
direction of the Board of County Commissioners. — Inglis v. State, 61 Ind. 212. 

15. Liable for Unauthorized Loan. Formerly a Trustee was liable on 
his bond, by virtue of the Act of March 5, 1883 (Acts 1883, p. 114), when he bor- 
rowed money without the consent of the Board of County Commissioners first 
obtained. — States. Helms, 136 Ind. 122; Helms c. State, 19, Ind. App. 360. See 
Killian v. State, 15 Ind. App. 261, and First National Bank v. Osborne, 18 Ind. 
App. 442. 

[1883, p. 118. Approved and in force March 6, 1883.] 

105. Trustees manage revenues — Reports. 7. The School 
Trustees of every township, incorporated town or city, shall 
receive the special school revenue belonging thereto, and the 
revenue for tuition which may be apportioned to his township, 
town or city, by the State, for tuition or [for] the common 
schools, and shall pay out the same for the purpose for which 
such revenues were collected and appropriated. Such Trustees 
shall keep accurate accounts of the receipts and expenditures 
of such revenues, and shall render to the County Commis- 
sioners, annually, on the first Monday of August, for the school 
3"ear ending on the thirty-first day of July, and as much oftener 
as they may require, a report thereof, in Avriting. Said Board 
of Commissioners shall hold a session on said Monday to re- 
ceive said reports. They shall clearly and separately state; 

J^^irst. The amount of special school revenue and of school 
revenue for tuition on hand at the commencement of the year 
then ending. 

Second. The amount of each kind of i-evenue received with- 
in the year, giving the amount of tuition revenue received at 
each semi-annual apportionment thereof. 



SCHOOL LAW Oi' INDIANA. 127 

Third. The amount of each kind of revenue paid out and 
expended within the year. 

Fourth. The amount of each kind of revenue on hand at 
the date of said report, to be carried to the new account. 

And shall, with said report, present and file a detailed account 
current of the receipts and payments for the year, and support 
the same by proper vouchers ; which report and account current 
shall each be duly, verified by affidavit; and when the said 
County Commissioners are satisfied that said report is full, 
accurate and right in all respects, and that said account is just 
and true, they shall allow and pass the same ; which shall have 
the efifect to credit the Trustee for the expenditures. A copy 
of said report, as passed and allowed by the County Commis- 
sioners, shall, within ten days after its date, be filed by the 
Trustee with the County Superintendent of the county, and 
upon failure of the Trustee to discharge any of the duties re- 
quired of him relative to schools and school revenues, the Board 
of County Commissioners shall cause suit to be instituted 
against him, on his official bond, and in case of recovery against 
him, the court rendering the judgment shall assess upon the 
amount thereof ten per cent, damages, to be included in said 
judgment. (R. S. 1881, §4441 ; E. S. 1894, §5917; R. S. 1897, 
§6135.) 

1. Conversion. The application, by a Trustee, of tuition revenue to special 
school, road, or civil township purposes is a conversion of so much of the fund 
and a breach of his bond. — Robinson v. State, 60 Ind. 26; Brown v. State, 78 Ind. 
239; Board v. State, 79 Ind. 270. The suit may be brought on the relation of his 
successor. — Steinmetz v.- State, 47 Ind. 465; Robinson v. State, 60 Ind. 26. 

2. Liability of Trustee. The Trustee is absolutely liable for the loss of 
the funds by whatever casualty. Depositing in a solvent bank, by advice of State 
and County Superintendent and County Board, if loss result, is no defense. — Inglis 
V. State, 61 Ind. 212; Board ti. State, 79 Ind. 270; McClelland t>. State, 138 Ind. 
321. 

3. School Board Independent. The School Trustees of a city or town act 
independently of the City Council or Board of Town Trustees in receiving and 
expending the school revenues, and their action can not be controlled by the 
latter. — Johnson v. Smith, 64 Ind. 275. 

4. Mistake in Settlement. When a Township Trustee fails to keep the 
accounts required by this section, and by reason thereof, and by reason of mis- 
laying vouchers, he fails in his annual settlement with the County Commissioners 
to claim or receive credit for a certain sum properly paid out by him, he can not 
afterward recover for the amount so paid. — Butt c. Jennings Township, 81 Ind. 69, 



128 SCHOOL LAW OF INDIANA. 

5. Writ of Mandate. Mandamus lies by a School Trustee to compel de- 
livery by his predecessor of the records, books and papers of the office, and to 
compel the payment of money which the Trustee is required by law to apply to 
school purposes. — Frisbie v. Fogg, 78 Ind. 269; Goldsberry v. State, 69 Ind. 430; 
Hiatt V. State, 110 Ind. 472; Brown v. State, 78 Ind. 239. 

6. Assessment of Damages. In a suit on the bond of a School Trustee the 
Court, in rendering judgment upon the verdict, should add ten per cent, to the 
amount found by the jury.— Watson v. State, 80 Ind, 212; Goldsberry ■;;. State, 69 
Ind. 430; Hiatt i). State, 110 Ind. 472; Brown v. State, 78 Ind. 239. And the pro- 
vision to that eflfect is imperative.— Brown v. State, 78 Ind. 239. 

7. They Can Not Borrovp Money. There is nothing in the statute from first 
to last indicating that a Township Trustee can rightfully obtain money from any 
other source than the school revenues. There is a plain and unmistakable pur- 
pose on the part of the Legislature to confine the Trustee to the funds expressly 
provided, and not permit him to go out into the business world as a borrower. ■■• 
-:•:- •:» The money is supplied to them, and they must take it as supplied, and 
not attempt to devise or create other sources of supply. — Wallis v. Johnson Town- 
ship, 75 Ind. 368. 

8. Are Liable for Money Had and Eecetved. Where money is loaned 
to a Township Trustee for the use and benefit of the school township represented 
by him, and the school township receives the benefit of the money, it is liable 
therefor; and though the note of the Trustee attempting to bind the town- 
ship for the loan be held void, yet the liability of the township remains as for 
money had and received — Bicknell v. Widner Township, 73 Ind. 501 ; First Nat. 
Bank v. Union Township, 75 Ind. 361. 

9. May' Execute Notes for Debts. A school township, by and in the name 
of its Trustee, may execute a valid negotiable p.romissory note for any debt con- 
tracted for the benefit of its property; but it is no-t governed by the law merchant, 
and an assignee takes it subject to all defenses.— Sheffield Tp. v. Andress, 56 Ind. 
157. The Board of School Trustees of an incorporated town have power to exe- 
cute a valid negotiable promissory note, by and in the name of such Trustees, 
binding upon the school corporation for any debt contracted for the benefit of its 
la-operty. — School Town of Monticello v. Kendall, 72 Ind. 91. A note executed by 
;i School Trustee and given in payment for certain school maps was held to bind 
the school corporation. — Moral School Tp., v. Harrison, 74 Ind. 93. The same 
was true of a note given for dictionaries, — Jackson School Tp. v. Hadley, 59 Ind. 
534. And for school furniture. — Johnson School Tp.'U. Bank, 81 Ind. 515. But 
Pchool Trustees have no power to bind their corporations by notes given for money 
borrowed. — W^allis v. Johnson School Tp., 75 Ind. 368. 

Yet a Township Trustee may execute a note for school furniture that is prima 
facie valid and binding on the school township. — Miller v. White Eiver School 
Tp., 101 Ind. 503. See also Litten v. Wright School Tp., 127 Ind. 81. 

10. May Anticipate Certain Revenues. The only portion of the school 
revenues which the School Trustees may not expend in anticipation is the school 
revenue for tuition belonging to the State and by it apportioned. Harney v. 
W^ooden, 30 Ind. 178. But this is very far from deciding that money may be 
borrowed by the Trustee.— Wallis v. Johnson School Tp., 75 Ind. 368. 



SCHOOL LAW OF INDIANA. 129 

11. When May Issue Bonds. A Township Trustee, in case of a bequest or 
gift exceding five thousand dollars, to an unincorporated town in his township, 
conditioned upon the raising of a like sum by the citizens of the township, may, 
upon petition of a majority of the legal voters thereof, issue and sell the bonds of 
the township to an amount not exceeding fifteen thousand dollars. — § 255. School 
bonds of cities and incorporated towns are issued by the Common Council or Board 
of Town Trustees, but in no case by the School Board. 

12. Result of the Decisions. The conclusion, from a careful comparison 
of the authorities, is that School Trustees have no power to borrow money; but 
they may bind their corporations by promissory notes for the payment in future 
of valid pre-existing debts, or for the repayment of money advanced to liquidate 
such debts. The indebtedness of all corporations is limited by the Constitution 
(E. S. 1881, § 220 ; E. S. 1894, § 220 ; E. S. 1897, § 220) to two per cent, on the 
value of taxable property. 

13. Certificates of Indebtedness. Certificates of indebtedness issued 
without any consideration are invalid, and can not be inforced against the town- 
ship, even if the proper officers promise to pay them. — Axt v. Jackson School Tp., 
90 Ind. 101. Such a certificate is void even in the hands of an innocent pur- 
chaser. --State V. Hawes, 112 Ind. 323; Boyd v. Mill Creek School Tp., 114 Ind. 
210; Grimsley v. State, 116 Ind. 130. 

14. Suits, How Broitght. In an action against a school township for articles 
purchased by the township, it must be shown that they were suitable or necessary, 
•and that they were received or used by the township. — Eeeve School Tp. v. Dodson, 
98 Ind. 497; Bloomington School Tp. v. National School Furnishing Co., 107 Ind. 
43; State v. Hawes, 112 Ind. 323. Delivery of the goods to a railroad company to 
be transported to the township is not such a delivery as will bind the township for 
goods purchased which are not suitable; but if actually received by the township 
and used, the contract is valid. — Boyd v. Mill Creek Tp., 114 Ind. 210; Litten v. 
Wright School Tp., 127 Ind. 81. 

15. Misappropriation. A Trustee of Schools who has had no part in the 
misappropriation of funds of the corporation is not liable therefor.— State v. Julian, 
93 Ind. 292. 

16. Sessions of Board of County Commissioners. The sessions of the 
Board of County Commissioners under this section are for the sole purpose of 
receiving from the School Trustees reports, as herein provided for, and taking 
action thereon, and the Board has no power to transact any other business. — 
Fahlor v. Board of Commissioners, 101 Ind. 167 ; Heim v. State, 145 Ind. 605. 

17. Who May- Bring Action on Bond. The incoming town or city Treas- 
urer is the proper person to bring suit against the outgoing Treasurer, on his bond, 
for a failure to turn over the school funds to him ; and he may do so without an 
order of the Board of County Commissioners. — Hiatt v. State, 110 Ind. 472 ; Strong 
V. State, 75 Ind. 440. And if he fails to bring such a suit he is liable on his bond, 
even though his predecessor be insolvent, if his sureties are financially responsible. 
—State V. Mock, 21 Ind. App. 629. 

18. Overpayment. If a Treasurer pays more than he is required to pay 
to his successor, he must bring an action to recover the amount of such overpay- 
ment within six years after the fact of payment; and if such overpayment was 
occasioned by his failure to keep proper vouchers and accounts, and he settled 

9 — ScH. Lavp. 



130 SCHOOL LAW OF INDIANA. 

with the County Commissioners ■without making claim therefor, he can not recover 
the amount thereof. — Butt v. Jennings School Tp., 81 Ind. 69. 

19. Advancing Money. A Township Trustee, who, in good faith, employs 
necessary and proper teachers, and when it is unexpectedly found that the public 
funds provided are insufficient to pay them in full, advances the deficit out of his 
own money, has a demand against the school township which he may recover. — 
Kiefert;. Troy School Tp., 102 Ind. 279; Murphy ij. Oren, 121 Ind. 59. And so 
may a city or town Treasurer who advances money under like circumstances. 

20. Mixing Funds. The several school funds should be kept separate ; but 
if payment is made out of the wrong fund, the fund from which it should have 
been made can be drawn upon to make up the deficiency in the overdrawn fund ; 
and in a suit against the Trustee, he should have credit in this way. — State v. 
Finney, 125 Ind. 427 ; Murphy v. Oren, 121 Ind. 59 ; Finney v. State, 126 Ind. 577. 

21. Officer De Facto Liable Can Not Deny Liability. It is no defense 
to an action by a school corporation to recover its moneys of one who had intruded 
unlawfully into the office of treasurer of the corporation, that another is holding 
that office. — Lucas v. State, 86 Ind. 180. 

22. Ownership of Fund. The officer holding the school funds for the time 
being is the owner thereof, but is not entitled to any interest that he may receive 
by a loan of the funds. — Winchester Electric Light Co. v. Veal, 145 Ind. 506, 
practically overrules Brown v. State, 78 Ind. 239; Bocard d. State, 79 Ind. 270; 
Kock V. Stinger, 36 Ind. 346 ; Shelton v. State, 53 Ind. 331 ; and if he receives the 
interest accruing on warrants issued by the County Auditor on the County Treas- 
urer, he is liable for the amount of such interest thus received. — Hadley v. State, 
C6 Ind. 271. 

23. Refunding to Trustee. An act of the Legislature refunding to a 
School Trustee, out of the funds of his school corporation, moneys lost without his 
fault is valid.— Mount v. State, 90 Ind. 29. 

24. Eight of New Town to Part of School Eevenue. When new town 
is organized within township after school revenue is received, the town is entitled 
to its share ; the Trustee may be compelled by mandate to pay it over to the town 
School Trustees, who are the proper relators in such suit. — Hon v. State, 89 Ind. 249. 

25. Depositing in Bank. School Trustees may lawfully deposit the funds 
of their township in a bank, but may not loan them to such bank. — Winchester 
Electric Light Co. v. Veal, 145 Ind. 506; Meridian National Bank v. Hauser, 145 
Ind. 496. 

26. Township Advisory Board Law. All the decisions cited above concerning 
the creation of township debts were rendered before the enactment of the Advisory 
Board Law. Contracts now to be valid must be made in accordance with its pro- 
visions. See section 340. 

27. Report Not Conclusive. The report of the Trustee is not final nor 
conclusive, and its truthfulness may be inquired into. — State v. Board, 136 Ind. 207. 

[1865, p. 3. Approved and in force March 6, 1865.] 

106. Record— Duty as to Eevenue. 8. The Trustees shall 
keep a record of their proceedings relative to the schools, in- 
cluding all orders and allowances on account thereof; inchiding, 



SCHOOL LAW OF INDIANA. 131 

also, accounts of all receipts and expenditures of school revenue, 
distinguishing between the special school revenue belonging to 
their township, town or city, and the school revenue for tuition, 
which belongs to the State, and by it apportioned to their town- 
ship, town or city; which said revenue for tuition they shall 
not permit to be expended for any other purpose, nor even for 
that purpose in advance of its apportionment to their respective 
corporations. (R. S. 1881, §4442; R. S. 1894, §5918; R. S. 
1897, § 6136.) 

1. Liability. A Trustee of Schools who has had no part in the misapplica- 
tion of tuition revenue is not liable therefor. — State v. Julian, 93 Ind. 292. 

2. Inspection of Books. School Trustee's records, either of a city, town or 
township, are public records, alwaj's open for public inspection, and any one in- 
terested therein has a right to examine them. Anderson School Township v. 
Thompson, 92 Ind. 556. 

3. Effect of Report. The Trustee's statement of the amount of money he 
has received from his predecessor is conclusive on him, in a suit on his bond, but 
not on his sureties. State v. Mock, 21 Ind. App. 629. See State Board, 136 Ind. 
207. 

107. Annual statement. 9. The Township Trustees and 
the School Trustees of incorporated towns and cities shall, 
immediately after their annual settlements with the County 
Commissioners, in August make a full statement of all their 
receipts and expenditures, for the year preceding, relative to 
their schools. (R. S. 1881, §4443; R. S. 1894, §5919; R. S. 
1897, §6137.) 

[1901, p. 514. Approved March 11, 1901; in force May, 1901.] 

108. General duties. 1- The School Trustees shall take 
charge of the educational affairs of their respectiv^e townships, 
towns and cities. They shall employ teachers, establish and 
locate conveniently a sufficient number of schools for the edu- 
cation of the children therein, and build, or otherwise provide, 
suitable houses, furniture, apparatus and other articles and edu- 
cational appliances necessary for the thorough organization and 
efficient management for said schools. Such School Trustees 
may also establish and maintain in their respective corporations, 
as near the center of the township as seems wise, at least one 
separate graded high school, to which shall be admitted all 
pupils who are sufficiently advanced : Provided, That the School 
Trustees of two or more school corporations may establish and 



132 SCHOOL LAW OF INDIANA. 

maintain joint graded high schoo][s] in lieu of separate graded 
high schools, and when so done they jointly shall have the care, 
management and maintenance thereof: Promded further, That 
any Trustee, instead of building a separate graded high school 
for his township shall transfer the pupils of his township com- 
petent to enter a graded high school to another school corpora- 
tion : Provided further, That all payments of tuition, provided 
for under this act, heretofore made by School Trustees for such 
high school privileges are hereby legalized : Provided further, 
That no such graded high school shall be so built unless there 
are at the time such house is built, at least twenty -five common 
school graduates of school age residing in the township. 

1. Power of Trustee. The Township Trustee is clothed with almost auto- 
cratic power in all school matters. The voters and taxpayers of the township 
have but little, if indeed any, voice or part in the control of, the details of educa- 
tional affairs. So far as actual authority is concerned, the Trustee is the corpora- 
tion, although in contemplation of law it is otherwise. — Wallace v. Johnson Tp., 
75 Ind. 368; Bicknell v. Widner School Tp., 73 Ind. 501. 

2. Patrons Can Not Designate Teachers. There is no provision of the 
law authorizing any other person than the Trustee to select a teacher. It is there- 
fore held that the provision authorizing the Trustee to employ teachers, also 
authorizes him to select them, and that school meetings are not empowered by the 
law to designate or employ teachers. That power was taken from them in 1873. 

3. County Can Not Build School House. A Board of County Commission- 
ers has no authority to make an appropriation of any sum out of the general fund 
of their county for the erection of a school building. Eothrock v. Carr, 55 Ind. 334. 

4. Abandoned Corporation. In case a town abandons its corporation, the 
powers and duties of the Board of School Trustees cease, the Township Trustee 
succeeds thereto, and it becomes his duty to take charge of the schools without 
special notice. 

5. Trustee Can Not Employ Himself. You ask me whether a Township 
Trustee has a right to teach school in his own township. In answer I have to say 
that a Township Trustee, being the agent of the State to employ teachers for the 
public schools, is not authorized to employ himself. 

6. Contracts with Teachers. A teacher contracts with the school township 
through its Trustee, and although the Trustee squanders the township funds and 
his bond is worthless, yet the township is liable to pay the teacher as specified in 
the contract.— Harrison School Tp. v. McGregor, 96 Ind. 185; Harmony School 
Tp. V. Moore, 80 Ind. 276. Verbal contract held valid. — Jackson School Tp. v. 
Shera, 8 Ind. App. 330 ; Fairplay School Tp. v. O'Neal, 127 Ind. 95 ; School Town 
of Kochester v. Shaw, 100 Ind. 268. Nor can the School Trustee, without cause, 
revoke a contract of employment before the commencement of the term of service 
specified in the contract, even under a provision in the contract to the effect that 
the employment is subject to the right of the Trustee to remove the teacher at any 
time upon a week's notice or any other length of time.— School City of Lafayette 
t,. Bloom, 17 Ind. App. 461. 



SCHOOL LAW OF INDIANA. 133 

7. When Contracts May Be Made. See sec. 239 for time of making con- 
tracts for a township teacher. 

But a contract made by the Board of School Trustees of an incorporated town 
or city with a School Superintendent, prior to the annual election of a new mem- 
ber of the Board and the reorganization required by statute, for services to be 
performed after the election of such member, is valid and binding on the school 
corporation. — Keubelt v. School Town of Noblesville, 106 Ind. 478. 

8. Eesignation of Teacher. The relation existing between Trustee and 
teacher is based on a contract. A teacher can not resign without the consent of 
the Trustee. To abandon his school without such consent is a violation of his 
contract, and gives the Trustee a claim against him for any damages actually sus- 
tained by the school in consequence thereof. 

9. Location of Houses — Title. The title to property on which a school 
house is to be built must be in the school corporation ; and by proper pi-oceedings 
land may be condemned for school purposes. 

Trustees must not build outside their own jurisdiction, since the franchises of 
a school corporation can not extend beyond its own territory so as to attach to 
land or school buildings outside the corporate limits. — Mt. Carmel v. Shields, 66 
Ind. 521. 

10. Providing Houses, Furniture, Etc. The school authorities are not 
bound to furnish educational facilities beyond those which the funds, devoted by 
law to that purpose, will yield. It is not for them to builien the school township 
with debt by borrowing money. Their duty is fully performed and their power 
completely exhausted when they have properly expended all money derived from 
the school revenue. — Wallis v. Johnson School Tp., 75 Ind. 368. But where money 
had been loaned to a Township Trustee for the purpose of completing a needed 
and suitable school house, the school township receiving the benefit of the loan 
was held to be liable therefor. — Bicknell v. Widner School Tp., 73 Ind. 501. 

12. Furniture. The Trustees were formerly under the law judges whether 
furniture was needed ; and contracts therefor, and in consideration of the purchase 
of maps and dictionaries, bound the corporation. — Moral School Tp. v. Harrison, 
74 Ind. 93; Johnson School Tp. v. Bank, 81 Ind. 515; Jackson School Tp. v. 
Hadley, 59 Ind. 534; Clark School Tp. v. Grossius, 20 Ind. App. 322; Miller -y. 
White Eiver School Tp., 101 Ind. 510; but now such purchases for a township 
must first be directed by the Township Advisory Board. 

13. Contracts of Trustees. Contracts for the benefit of school corpora- 
tions, whether to build houses, employ teachers or purchase supplies or appara- 
tus, should be made by the Trustee in the name of the school, not the civil, cor- 
poration. — Hornby v. State, 69 Ind. 102; Harrison Tp. v. McGregor, 67 Ind. 380. 

A school town is bound, as such, for the contract price of material furnished 
and labor performed by another, in the erection of a school building for such 
town, under a parol contract therefor, made with him by the School Trustees of 
such town (School Town Princeton v. Gebhart, 61 Ind. 187), but a mechanic's lien 
can not be taken upon the building for materials furnished therefor and labor 
performed thereupon. — Fatout v. Board of School Com., 102 Ind. 223. 

A suit to set aside a contract for the building of a school house and to enjoin 
the doing of the work, on the ground of fraud on the part of the Township 
Trustee, in the making of the contract, is properly brought in the name of the 
State, for the use of the civil township. — State v. Earhart, 27 Ind. 119. 



134 SCHOOL LAW OF INDIANA, 

A contract by a School Trustee for the improvement of school property, by the 
terms of which he is to share in the profits is void, both at common law, and under 
the statute. — Wingate v. Harrison School Tp., 59 Ind. 520. 

The penalty for such corrupt interest in contracts is a fine of irom three hun- 
dred to one thousand dollars, and imprisonment for fram two to fourteen years. — 
K. S. 1881, § 2049; R. S. 1894, § 2136; R. S. 1897, ? 2162. 

14. Gbaded Schools. This section gives the Trustees ample power to oi'gan- 
ize, at their discretion, such a system of free schools as the peculiar circumstances 
of their townships may require. The schools may be all of the same grade, or of 
two or three more grades. They may classify the children of the township accord- 
ing to acquirements. They may authorize the teaching of any branches of science, 
literature and art which public interest and public opinion may require. 

A graded school is a school in which the pupils are placed in different rooms 
and under difierent teachers, according to advancement. Consequently, the 
greater the number of rooms and teachers for any giveja school the more favc^r- 
able the means for perfect grading. From this it will be seen that a graded 
school as contemplated in the above section can not exist with less than two 
teachers. With one the school may be classified but not graded. Trustees will 
therefore have regard to this element when tliey put up buildings designed for 
graded school. 2d. As to the time when a graded school should be established 
for any given township, no definite directions can be given. There are too many 
local elements to admit of any special directions. It is, however, safe to say that 
whenever there are pupils in the township whose advancement is such that the 
district schools can not furnish them instroction, at that moment begins the need 
of a township graded school furnishing instruction o-f a higher grade. The Trustee 
must, however, be satisfied that the number of such pupils is sufficient to justify 
the establishment of such a school before providing the same. 3d. As to place, I 
would suggest that whenever practicable the township graded school sbould be 
established in connection with a district school, thus economizing in building, 
perhaps in teaching, also furnishing the means of a more thorough grading in at 
least one primary school in the township. It is suggested further that a village, 
if centrally located, is usually a favorable place for the township school. 

The separation of pupils into different schools or departments, according to 
age and acquirements, is not an abridgment of their rights. — Coi'ey v. Carter, 48 
Ind. 360; State v. Grubb, 85 Ind. 213; State v. Gray, 93 Ind. 303. 

15. Custody of School Property. The Trustee of each school district has 
charge and possession of the school house, for, although the director has the 
charge for certain purposes, he acts under the order and with the concurrence of 
the Trustee.— Hurd v. Walters, 48 Ind. 148. 

16. Orders Without Consideration Void. Where the Trustee of a school 
township has issued an order or certificate of indebtedness, in th« nam^e of his 
township, without any consideration therefor, such order or certificate is invalid 
and void, and can not be enforced against the township; nor in such cases will 
the acts, conduct or promises oi the Trustee, or his successors in office, estop the 
township from pleading the want of consideration as a sufficient defense to any 
suit against it upon such order or certificate. — Axt v. Jackson School Tp., 90 
Ind. 101. 

18. Rules and Regulations. School Boards and other educational authori- 
ties have power to adopt appropriate rules and regulations for the government of 



SCHOOL LAW OF INDIANA, 135 

the schools under their control. It is not necessary that all such rules shall be 
made a matter of record, nor that every act, order or direction affecting their 
management shall be authorized or confirmed by a formal vote; but any reason- 
able rule adopted by a superintendent or teacher not inconsistent with some statute 
or some other rule prescribed by higher authority, is binding upon the pupils. A 
rule requiring the superintendent of a city school to visit weekly all the schools 
under his charge, and to see that the best methods of instruction are adopted, con- 
fers upon him authority, if it were otherwise wanting, to order and promulgate 
such additional reasooiable rules as the best iuteiiests of the schools may require. 
In the enforcement of all rules for the government of a school due regard must be had 
to the health, comfort, age, mental and physical condition of the pupils ; and to 
the circumstance attending such particular emergency, and the condition of the 
weather, the infirmity of a pupil, and the like, may require relaxation in their 
strict enforcement. A school regulation must not only be reasonable within itself, 
but its enforcement mnst also be reasonable under all the circumstances. The 
habit of locking the doors of a school room during the opening exercises is not an 
unreasonable enforcement, under ordinary circumstances, of a rule requiring 
pupils to reomaiTi in the hall during that time; but if the weather is unusually 
severe, and proper steps are not taken for the comfort of children thus excluded, 
such method of enforcement is unreasonable and improper. A rule requiring 
tardy pupils to remain either in the hall of the school building, which is provided 
with heat, or in the office of the principal, until the opening exercises, lasting from 
ten to fifteen minutes, are concluded, in order that such exercises may not be inter- 
rupted or disturbed, is in itself a reasonable regulation. Such detention as a penalty 
for some omission or misconduct is one of the recognized methods of enforcing 
discipline and promoting the progress of pupils in the common schools, and 
although the cause for such detention be mistaken, it possesses none of the ele- 
ments of false imprisonment, unless imposed from wanton, willful or malicious 
motives. A school officer is not personally liable for a mere mistake of judgment in 
the goverment of his school; but to render him liable it must be shown that he 
acted in the manner complained of wantonly, willfully or maliciously.— Fertich y. 
Michener, 111 Ind. 472. 

19. Contagious Disease. Where a school town contracts with a teacher for 
a certain number of weeks of service, and, before the expiration of the term, closes 
the school upo^ order of the County Board of Health because of the prevalence 
of diphtheria, it is liable for the t«a«her's salary for the time the school is closed, 
the non-performance of the contrac^t not being due to an act of God. — School 
Town of Carthage v. Gray, 10 Ind. App, 428. 

20. Closing School on Account or Epidemics. If a teacher objects to 
closing school on account of epidemics he may be compelled to do so by order 
from the Secretary of the Board of Health.— E. S. 1894, §6719. 

21. Power as to Rules and Eegulations. Under the statutes of this State, 
construed in connection with the incidental powers of corporations, the various 
school boards and other educational authorities, have power to adopt appropriate 
rules and regulations for the government of the schools under their control. Fer- 
tich V. Michener, 111 Ind. 472. 

22. Rules Must be Reasonable Under the Circumstances. A school 
regulation must not only be reasonable in itself, but its enforcement must also be 
reasonable under all the circumstances. — Fertich v. Michener, 111 Ind. 472. 



136 SCHOOL LAW OF INDIANA. 

23. Mandamus the Proper Action to Compei, the Performance of a" 
MiNiSTERiAX, Duty. Mandamus is the proper action to compel any officer to per- 
form a ministerial duty, but mandamus will not lie to compel the performance of 
a discretionary duty. 

24. Bribery of Public Officer. To offer a receipt for more than the cost 
of any kind of apparatus to induce an officer to purchase is bribery.— State v. 
McDonald, 106 Ind. 233. 

26. Courts Will Not Eeview Discretionary Acts if Not Abused. It 
is a general rule that courts will not revise the exercise of discretionary authority 
by a public officer, for as long as he acts in good faith and within the general 
scope of his authority, he is not subject to judicial control. — Tufts v. State, 119 
Ind. 232; Weaver v. Templin, 113 Ind. 298; Leeds v. City of Eichmond, 102 Ind. 
372; City of Kokomo v. Mahan, 100 Ind. 242; Mayor, etc., v. Koberts, 34 Ind. 471. 

27. Students Must Submit to Necessary Rules. A student is required 
to submit to any proper rule necessary for the good government of the school. — 
State V. White, 82 Ind. 278. 

28. Conspiracy to Defraud Invalidates Township Orders, and Actual 
Value of Goods Can Not Be Obtained. The certificate upon which the 
action was predicated originated in an unlawful and corrupt conspiracy to de- 
fraud a public corporation. An agreement or conspiracy between two persons 
which has for its object the perpetration of a fraud or civil injury upon another, 
is illegal; and any agreement to carry out or consummate a scheme which in- 
volves a breach of trust, or official duty, is unlawful and void. And the actual 
value of the goods furnished the township can not be recovered. — Kittenger v. 
Monroe School Tp., 3 Ind. App. 411; Bojdv. Mill Creek School Tp., 124 Ind. 193. 

29. Delivery and Acceptance of Supplies. The delivery of the goods to 
a railroad company by the vender is not such a delivery as is required to make 
the school township liable upon a contract which its Trustee had no authority to 
make. In such a case liability is based upon the actual acceptance and appro- 
priation of the goods.— Boyd v. Mill Creek School Tp., 114 Ind. 210. But this 
case has been modified by Boyd v. Mill Creek School Tp., 124 Ind. 193, and Kit- 
tenger V. Monroe School Tp., 3 Ind. App. 411, where fraud appears. See also 127 
Ind. 81. 

30. Mechanic's Lien Against Public Policy. A mechanic's lien for work 
done, or materials furnished, in the erection of a public school house, can not be 
acquired or enforced. It is against public policy. — Fatouty. Board, 102 Ind. 223. 

32. Township Must Own or Lease School Premises. A School Trustee 
has no lawful authority to provide furniture for a room for school purposes, or 
employ teachers for services therein, unless such room is owned or leased by the 
school township ; and even if the County Superintendent, on appeal, direct him 
to do so, he may properly disobey the order, and mandate will not lie to compel 
him to obey it. — State v. Sherman, 90 Ind. 123. 

33. Discretion of Trustees. Previous to 1899, the Trustees were sole 
judges of the right to purchase property for joint schools.— Craig School Tp. v. 
Scott, 124 Ind. 72. 

109. Duration of school in any year. 2. Said School 
Trustees shall maintain in each school corporation a term of 



SCHOOL LAW OF INDIANA. 137 

school at least six months in duration, and shall authorize a 
local tuition levy sufficient to conduct a six months' term of 
school each year hased on estimates and receipts from all sources 
for the previous year, w^hich may include that received from the 
State's tuition revenue : Provided, Such levy shall not exceed 
the limit now provided hy law. 

110. Care and management of school property. 3. Said. 
School Trustees shall have the care and management of all 
property, real and personal, belonging to their respective cor- 
porations for common school purposes, except the congressional 
township school lands, which lands shall be under the care and 
management of the Trustee of the civil township to which such 
lands belong. 

1. Director's Control. The School Director has charge for certain pur- 
poses, but he acts under the order and with the concurrence of the Trustee. — 
Hurd V. Walters, 48 Ind. 148. 

[1873, p. 68. Approved and in force March 8, 1873.] 

111. Superintendent in cities and towns. 12. The School 
Trustees of incorporated towns and cities shall have power to 
employ a Superintendent for their schools (whose salary shall 
be paid from the special school revenue), and to prescribe his 
duties, and to direct in the discharge of the same. (R. S. 1881, 
§ 4445 ; R. S. 1894, § 5924 ; K. S. 1897, § 6145.) 

1. Compensation. In case a person is employed to superintend part of the 
time and teach part of the time, he can be paid for the services he renders as 
Superintendent out of the special revenue, and for the services he renders as 
teacher out of the tuition revenue. If paid anything from the latter, he must 
possess a valid license. 

112. Joint graded schools. 13. The School Trustees of 
two or more distinct municipal corporations for school purposes 
shall have power to establish joint graded schools, or such modi- 
fications of them as may be practicable, and provide for admit- 
ting into the higher departments of their graded schools, from 
the primary schools of their corporations, such pupils as are 
sufficiently advanced for such admission. Said Trustees shall 
have the care and management of such graded schools, and 



138 SCHOOL LAW OP INDIANA. 

they shall select the teachers therefor. They shall have power 
to purchase suitable grounds for such graded schools, and erect 
suitable buildings thereon; and the title to all such property, 
acquired for such purposes, shall vest jointly in the corpora- 
tions establishing the graded schools. (R. S. 1881, §4446; li. 
S. 1894, § 5925 ; R. S. 1897, § 6146.) 

1. Management and Sdpeevision. A joint graded school, as to its man- 
agement and teachers, is subject to the same laws, rules and regulations as town- 
ship graded schools [§ 111], except that it is under the joint management of the 
School Trustees of both corporations. But the teachers should attend the institutes 
of the county and township in which the school is situated, and should be under 
the supervision of the Superintendent of that county. 

2. Purchase of Property. The two corporations may purchase jointly 
real estate; and the Trustees are the sole judges of the right to pui-chase property 
of this character. — Craig School Tp. v. Scott, 124 Ind. 72. 

3. Management of Joint Graded Schools. The Trustees act as individual 
Trustees, and do not as a unit represent their respective corporations. A majority 
of the whole Board of Trustees, whether such majority come from one corporation 
entirely, or from the different corporations interested, have the power to transact 
any and all business, including the employment of teachers relating to such joint 
graded school. — Hanover School Tp. v. Gant, 125 Ind. 557. 

4. New Statute. The above section must be construed in connection with 
section 113. 

[1901, p. 53. Approved February 28, 1901. In force May, 1901.] 

113, Joint school district— Petition. 1. The Trustees of 
two or more adjacent school corporations may establish a new 
school district and build a school house therein at the joint ex- 
pense of their several corporations, whenever, in their judgment 
it shall appear necessary for the better accommodation of the 
people of their respective corporations : Provided, That such 
necessity must be set forth in a petition of the persons making 
the request, such petition to be presented to each of said Trus- 
tees. And said Trustees shall, at the time agreed upon by 
them, not less than ten days nor more than thirty days from the 
time of receiving such petition, hold a joint meeting, for the 
purpose of declaring whether such petition shall be granted, and 
take further action as the case may require. 

1 . Note. An appeal lies to the County Superintendent by the petitioners if the 
Trustees do not grant the petition; but such Superintendent can not direct one 
Trustee, where the other disagrees with him, to make the selection of a site for the 
school house; nor to purchase a lot without his consent. — Hendricks v. State, 151 
Ind. 454. 



SCHOOL LAW OF INDIANA. 139 

114. Expense of establishing — Control of school. 2. Each 
corporation shall bear such part of the expense of establishing 
such joint district school as the number of children of school 
age residing in each corporation and attaching themselves to 
said new district at the time of the formation, bears to the whole 
number of children of school age who are attached to said dis- 
trict at its formation and each corporation shall assume its share 
of the debt so incurred. But when said school shall be estab- 
lished it shall be controlled by the corporation in which it is 
established in the manner already prescribed by law. 

115. Expense of maintenance. 3. The children of school 
age resident in a joint district already established or hereafter es- 
tablished shall be admitted to the joint school maintained there- 
in, without transfer certiiicates or tuition charge. The Trustees 
of the various corporations from which the joint district is made 
shall pay such part of the cost of maintaining the joint school 
as the number of pupils enrolled from each corporation bears to 
the whole number enrolled in the joint school. 

[1901, p. 437. Approved and in force March 11, 1901.] 

116. Abandonment of school district or corporation. 1. 

Whenever a majority of the legal voters of any school district 
or corporation ^shall petition the Trustee or Trustees of such 
school district or corporation for the abandonment of their 
schools and the consolidation of their schools with the schools 
of some other school district or corporation in the same town- 
ship, it shall be the duty of the Trustee or Trustees of such 
school district or corporation to comply with such petition, and 
to provide for the education of the children of such abandoned 
district or corjDoration in other schools as asked for in such 
petition. 

1. Note. See section 117. 

[1901, p. 159. Approved and in force March 7, 1901.'] 

117. Consent of voters to abandonment. 1. No Town- 
ship Trustee shall abandon any district school in his township 
until he shall have first procured the written consent therefor 
signed by a majority of those legal voters who are entitled to 
vote for Township Trustee in such district: Provided, This act 



140 SCHOOL LAW OF INDIANA. 

shall not apply to schools which have an average daily attend- 
ance of twelve (12) pupils or fewer. It shall be the duty of 
every Township Trustee to re-establish any district school so 
abandoned upon the written petition of two-thirds of the legal 
voters who are entitled to vote for Township Trustee in such 
district. 

L1889, p. 355. Approved March 9, 1889, and in force May 10, 1889.] 

118. Kindergartens. 1. In addition to other grades or de- 
partments now established in the common schools of the State, 
the Board of Trustees of any incorporated town or city are 
hereby empowered by law to establish, in connection with the 
common schools of such incorporated town or city, a kinder- 
garten or kindergartens for the instruction of children between 
the ages of four and six, to be paid for in the same manner as 
other grades and departments now established in the common 
schools of such incorporated town or city : Provided, however, 
That no money accruing to such incorporated toAvn or city from 
the "school revenue for tuition fund" of the State shall be used 
to defray the tuition and other expenses of such kindergarten; 
but the same may be defrayed from the local tax for tuition and 
the special school revenue of said incorporated town or city. 
(R. S. 1894, § 5921 ; E. S. 1897, § 6139. 

1. Note. See section 119. 

[1901, p. 123. Approved and in force March 6, 1901.] 

119. Tax for kindergarten. 1. In any city having a pop- 
ulation, according to the latest United States census, of over 
six thousand, the Board of Sohool Commissioners or School 
Trustees, may in fixing the annual levy of taxes for school pur- 
poses include therein one cent on each one hundred dollars valu- 
ation, in addition to the tax now authorized, for the purpose of 
providing a fund for the support of free kindergarten schools 
in said city. 

1. Note. See previous section. 

1 

120. How collected and disbursed. 2. The tax so levied 
shall be collected as the other taxes for school purposes in such 
city are collected and shall be disbursed by the County Treas- 



SCHOOL LAW OF INDIANA. 141 

nrer as other school funds raised by local taxation are dis- 
bursed, and said free kindergarten fund shall be applied to the 
aid, maintenance and support of free kindergarten schools con- 
ducted by any association incorporated for that purpose having 
the approval of and designated by the Superintendent of Schools 
of said city, and said fund shall be from time to time paid over 
to said association for such use upon the written order of said 
Superintendent directed to said County Treasurer : Provided, 
That in cities having a population of more than one hundred ' 
thousand, according to the last preceding United States census, 
such tax shall be levied and such association shall not receive 
such funds unless for more than two years next preceding it 
shall have maintained at least twelve such free kindergarten 
schools. 

[1889, p. 187. Approved March 6, 1889, and in force May 10, 1889.] 

121. Night Schools. !• In all cities having a population 
of three thousand, or more, according to the census of 1880, the 
School Trustees of such cities shall keep and maintain a night 
school, between the hours of seven and nine and a half o'clock 
p. M., during the regular school terms as a part of the systems 
of common schools whenever twenty or more inhabitants of such 
city, having children between the ages of fourteen and twenty- 
one years of age, or persons over the age of twenty-one years 
of age, and who, by reason of their circumstances, are compelled 
to be employed, or have their children employed during the 
school days to aid in the support of such families, who desire to 
and who shall attend such school, shall petition such School 
Trustee so to do. (R. S. 1894, § 5922 ; E. S. 1897, § 6140.) 

122. Age of Pupils. 2. All persons between the ages of 
fourteen and thirty, who are actually engaged in business or at 
labor during the day, shall be permitted to attend such school. 
(R. S. 1894, § 5923; R. S. 1897, § 6141.) 

[1879, S. p. 95. Approved March 31, 1879, and in force May 31, 1879.] 

123. Surplus special school revenue. 1. It shall be the 
duty of the Board of School Trustees of any city or incorpor- 
ated town in this State to pay over to the Common Council or 



142 SCHOOL LAW OF INDIANA. 

Board of Trustees of such city or town any surplus 'special 
school revenue in the hands of such School Trustees, not neces- 
sary to meet current expenses ; such excess of the revenue 
aforesaid to be applied for the payment of the interest or prin- 
cipal, or both, of any indebtedness incurred under the pro- 
visions of the act of March 8, 1873, authorizing cities and in- 
corporated towns to negotiate and sell bonds to procure means 
to erect and complete unfinished school buildings, and to pur- 
chase any ground and building for school purposes, and to pay 
debts contracted for the erection and purchase of buildings and 
grounds. (R. S. 1881, §4447; R. S. 1894, §5926; R. S. 1897, 
§ 6147.) 

1. Payment for School House. A city can not pay for a school house out 
of its general fund. Such payment must be made out of a fund especially levied 
for that purpose. — Nill v. Jenkinson, 15 Ind. 425. 

[1877, p. 18. Approved and in force March 3, 1877.] 

124. Things legalized. 2. Yfhere the excess of special 
school revenue not necessary to meet the current demand upon 
such revenue shall have been, prior to the passage of this act, 
loaned, paid over, or applied, as provided in the preceding sec- 
tion, such loan, payment or application of such moneys is 
hereby legalized and made valid, as fully and completely as if 
this act had been in full force and effect at the time such trans- 
action took place. (R. S. 1881, §4448; R. S. 1894, §5927; R. 
S. 1897, § 6148.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

125. Teacher's reports. 20. To enable the Trustees to 
make reports which are required of them by this act, the 
teacher of each school, whether in township, town or city, 
shall, at the expiration of the term of the school for which 
such teacher shall have been employed, furnish a complete 
report to the proper Trustee, verified by affidavit, showing the 
length of the school term, in days ; the number of teachers 
employed, male and female, and their daily compensation ; the 
number of pupils admitted during the term, distinguishing be- 
tween males and females, and between the ages of six and 
twenty-one years ; the average attendance ; books used and 
branches taught, and the number of pupils engaged in the study 



SCHOOL LAW OF INDIANA. 143 

of each branch. Until such report shall have been so filed, 
such Trustee shall not pay more than seventy-five per centum 
of the wages of such teacher, for his or her services. (R. S. 
1881, § 4449 ; R. S. 1894, § 5928 ; R. S. 1897, § 6149.) 

1. Teacher Excused, When. If the school authorities fail to furnish a 
building In which to teach the school, or refuse to furnish a school to be taught, 
or wrongfully discharge the teacher, such teacher is excused from making a 
report. — Charlestown School Township v. Hay, 74 Ind. 127. 

2. Suit. It is a part of a teacher's contract that he will make a report, and 
until he does so he can not recover more than three-fourths of his wages, unless 
the Trustee has waived the report; and the burden is on the teacher to show 
either that he made the report or it was waived, if he desires to recover the full 
amount of his earnings. — Owen School Township v. Hay, 107 Ind. 351. 

3. Truancy. Teachers are required by the compulsory education law to 
report to truant officers or other school officers cases of truancy or irregularity in 
attendance. See Truancy Law. 

[1883, p. 118. Approved and in force March 6, 1883.] 

126. Trustees' reports. 21. The Trustees of each town- 
ship, town or city, shall, annually, on the first Monday of 
August, make their report for the school year ending on the 
31st day of July, and furnish to the County Superintendent 
the statistical information obtained from teachers of the schools 
of their respective townships, towns, or cities, and embody in a 
tabular form the following additional items : The number of 
districts ; schools taught, and their grades ; teachers, males and 
females ; average compensation of each grade ; balance of tui- 
tion revenue on hand at the commencement of the current 
year ; amount received during the year from the County Treas- 
urer, and amount expended within the year for tuition; and 
balance on hand; length of school taught within the year, in 
days; school houses erected during the year; the cost of the 
same ; the number and kind before erected, and the estimated 
value thereof, and of all other school property ; number of vol- 
umes in the library, and the number taken out during the year 
ending the 31st day of July ; also the number of volumes added 
thereto ; assessment on each one hundred dollars of taxable 
property, and on each poll of special tax for school house erec- 
tion, and amount of such levy ; balance of special school reve- 
nue on hand at the commencement of the current year ; amount 
received during the year from the County Treasurer ; the amount 
of said revenue expended during the year, and balance on hand ; 
the number of acres of unsold congressional school lands, the 
value thereof, and the income therefrom ; together with such 



144 SCHOOL LAW OF INDIANA. 

other information as may be called for by tlie County Superin- 
tendent and the Superintendent of Public Instruction, (R. So 

1881, § 4450; R. S. 1894, § 5929; R. S. 1897, § 6150.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

127. Eailnre to report. 22. On failure of any Trustee to 
make either the statistical report required by the last preceding 
section, or the report of the enumeration required by the six- 
teenth section of this act [§ 4473], or the report of finances 
required by the seventh section of this act [§ 4441], to the 
County Superintendent, at the time, and in the manner specified 
for each of said reports, the County Superintendent to whom 
such reports are due shall, within one week of the time the next 
semi-annual apportionment is to be made by the Auditor of the 
county, notify said Auditor, in writing, of any such failure ; 
and the Auditor shall diminish the apportionment of said town- 
ship, town or city by the sum of twenty-five dollars, and with- 
hold from the delinquent Trustee the warrant for the money 
apportioned to his tovvnship, town or city, until such delinquent 
report is duly made and filed. For said twenty -five dollars, and 
any additional damages which the township, town or city may 
sustain, by reason of stopping said money, such Trustee shall 
be liable on his bond, for which the County Commissioners may 
sue. (R. S. 1881, § 4451 ; R. S. 1894, § 5930 ; R. S. 1897, § 6151.) 

128. Neglecting duties. 23. If a Trustee shall fail to 
discharge any of the duties of his oflice relative to the schools, 
any person may maintain an action against him for every such 
oftense, in the name of the State of Indiana, and may recover, 
for the use of tlie common school fund, any sum not exceeding 
ten dollars ; which sum, when collected, shall be paid into the 
county treasury, and added by the County Auditor to said 
fund, and reported accordingly. (R. S. 1881, § 4452 ; R. S. 1894, 
§ 5931 ; R. S. 1897, §6152.) 

129. Failing to serve. 24. Any person elected or appointed 
such Trustee, who shall fail to qualify and serve as such, shall 
pay the sum of five dollars, to be recovered as specified in the 
preceding section for the use therein named, and in like manner 
added to said fund, unless such person shall have previously 
served as such Trustee. (R. S. 1881, § 4453 ; R. S. 1894, § 5932 ; 
R. S. 1897, § 6153.) 



SCHOOL LAW OF INDIANA. 



145 



130. Trustee's accounts, l-tl. The books, papers and 
accounts of any Trustee, relative to schools, shall at all times 
be subject to the inspection of the County Superintendent, the 
County Auditor, and the Board of County Commissioners of 
the proper county. (R. S. 1881, §4454; R. S. 1894, §5933; 
R. S. 1897, § 6154.) 

131. Examination of Trustee and Ms books. 142. For 

the purpose of such inspection, such County Superintendent, 
Auditor, and Board of County Commissioners may, by subpoena, 
summon before them any Trustee, and require the production 
of such books, papers and accounts, three days' notice of the 
time to appear and produce them being given. (R. S. 1881, 
§4455; R. S. 1894, §5934; R. S. 1897, §6155.) 

132. Correction of accounts — Eemoval. 143. If any such 
books and accounts have been imperfectly kept, said Board oi 
Commissioners may correct them, and, if fraud appear, shall re- 
move the person guilty thereof. (R. S. 1881, § 4456 ; R. S. 1894, 
§5935; R. S. 1897, §6156.) . 

1. Inspection. The County Commissioners may inspect a Trustee's books 
to see if money paid out has been paid out according to law; and if fraud ap- 
pears, to refuse to allow him credit for it, but otherwise they can not refuse to 
allow his claims. — See Bicknell v. Widner School Township, 73 Ind. 501. 



CHAPTER Yin. 



TAXATION. 



Sec. 

133. State tax. 

134. Uniform tax. 

135. Special tax.' 

136. Assessment and collection. 



Sec. 

137. Local tax for tuition. 

138. Local tax, how applied. 

139. Special tax to pay debts. 

140. Tax to complete town school house and 

to support town schools. 



"^ [1895, p. 299. Approved and in force March 11, 1895.] 

133. State tax. 3. There shall be in the year 1895, and 

annually thereafter, assessed and collected, as other taxes are 

assessed and collected, the sum of eleven cents on each one 

hundred dollars' worth of taxable property, and fifty cents on 

10 — ScH. Law. 



146 SCHOOL LAW OF INDIANA. 

each taxable poll in the State, which money, when collected^ 
shall be paid into the School Revenue for Tuition Fund in the 
State Treasury, and shall be apportioned to the several counties 
of the State in the manner now provided by law. (R. S. 1897, 
§ 6167.) 

1. An act of 1873 (p. 216) legalized tax levies for tuition made by School 
Trustees of cities prior to January 21, 1875. 

[1869, S. p. 41. Approved and in force May 13, 1869.] 

134. Uniform tax. 1. In assessing and collecting taxes for 
school purposes under existing laws, all property, real and per- 
sonal, subject to taxation for State and county purposes, shall 
be taxed for the support of common schools, without regard to 
the race or color of the owner of the property. (R. S. 1881, 
§ 4466 ; R. S. 1894, § 5952 ; R. S. 1897, § 6168.) 

[1873, p. 68. Approved and in force March 8, 1873.J 

135. Special tax. 12. The Trustees of the several town- 
ships, towns and cities shall have the power to levy a special 
tax, in their respective townships, towns or cities, for the con- 
struction, renting, or repairing of school houses, for providing 
furniture, school apparatus, and fuel therefor, and for the pay- 
ment of other necessary expenses of the school, except tuition; 
but no tax shall exceed the sum of fifty cents on each one hun- 
dred dollars' worth of taxable property and one dollar on each 
poll, in any one year, and the income from said tax shall be 
denominated the special school revenue. Any taxpayer who 
may choose to pay to the Treasurer of the township, town or 
city wherein said taxpayer has property liable to taxation, any 
amount of money, or furnish building material for the construc- 
tion of school houses, or furniture or fuel therefor, shall be 
entitled to a receipt therefor from the Trustee of said township, 
town or city, which shall exempt such taxpayer from any 
further taxes for said purposes, until the taxes of said taxpayer, 
levied for such purposes, would, if not thus paid, amount to the 
sum or value of the materials so furnished or amount so paid : 
Provided, That said building materials, or furniture and fuel, 
shall be received at the option of said Trustee. (R. S. 1881, 
§ 4467 ; R. S. 1894, § 5953 ; R. S. 1897, § 6169.) 



SCHOOL LAW OF INDIANA. 147 

1. This Section Constitutional. This question is decided in Rose v. Bath 
Tp., 10 Ind. 18, and several other cases. 

The school corporations of the State can not be authorized by statute to estab- 
lish and maintain schools separate and apart from the common school system of 
the State. Such a statute is unconstitutional. But they are not prohibited from 
aiding those common schools established under the supervision of the State, by 
levying a special tax. — Lafayette v. Jenners, 10 Ind. 70; Greencastle Tp. v. Black, 
-5 Ind. 557. 

3. Commissioners Have no Control. By the above section the Legislature 
amended the act of 1865, giving Trustees the absolute right to levy a special tax 
by increasing the amount from twenty-five cents to fifty cents, and reaffirming the 
former law, otherwise in the very words of it. This clearly removes all authority 
of Commissioners over the Trustees in making their special school levies. — Cole 
V. State, 131 Ind. 591 ; Shepardson v. Gillette, 133 Ind. 125. 

4. Bank Stock. Shares of bank stock in a national bank are liable to the 
special tax authorized by this section. — Daniels v. Strader, 39 Ind, 63; Eoot v. 
Erdelmeyer, 37 Ind. 225, affirming 1 Wilson 99. 

5. Who Levies and Collects. The Township Trustee makes the recom- 
Utiendation of a certain rate of taxation, but the Township Advisory Board makes 
the levy. Under the old law the Township Trustee might levy. — Heal v. JefTerson 
Tp., 15 Ind. 431; Colew. State, 131 Ind. 591; Shepardson v. Gillette, 133 Ind. 125; 
Adamson v. Auditor, 9 Ind. 174. 

6. Constitutional Limit op Debt. Where the indebtedness of a city or 
town has reached the constitutional limit of two per cent, it may contract for and 
erect school houses, the cost of which to be paid in such installments as will fall 
within the annual income from the special school tax levy. 

. 7. Board of School Trustees of City Has Power to Make Levy Inde- 
pendent of Commissioners — Duty of Auditor to Make And Extend the 
Assessment. A Board of School Trustees, for the purpose of creating a special 
school revenue in accordance with the above section, levied a special school tax 
of ~40 cents on each $100 of taxable property in the city, and 50 cents on each 
poll. The special levy was duly certified to the Auditor of the county with the 
request that he make the proper assessment of the special school tax as levied by 
the Board of Trustees, and extend the same upon the tax duplicate; but the Audi- 
tor, under the direction of the Board of Commissioners, failed and refused to 
extend the assessment on the tax duplicate, and modified the levy made by the 
Board of School Trustees. It was decided that the section authorized a Board of 
School Trustees of a city to levy the tax independently of the Board of Commis- 
sioners, and when made it is the duty of the Auditor to make the assessment and 
extend the same on the tax duplicate. — Wood v. School City of Tipton, 132 Ind. 206. 

8. General Laws — Uniform System of Schools. A system that secures 
to all the various subdivisions of the State equal and uniform rights and privileges, 
leaving only to the local authorities the right, under the law, to govern the local 
school affairs, is a general and uniform system, and a law providing such a system 
is a general law within the meaning of the Constitution. — Robinson v. Schenck, 
102 Ind. 307; Adamson v. Auditor, 9 Ind. 174; Rose v. Bath Tp., 10 Ind. 18. 



148 SCHOOL LAW OF INDIANA. 

[1865, p. 3. Approved and in force March 6, 1865.] 

136. Assessment and collection. 13. The County Auditor 
shall, upon the property and polls liable to taxation for State 
and county purposes, make the proper assessments of special 
school tax levied by the Trustee, in the same manner as for 
State and county revenue, and shall set down the amount of 
said tax on his tax-list and duplicate thereof, as other taxes are 
set down, in appropriate columns ; and he shall extend said 
assessment to the taxable property of the person transferred, 
which is situate in the township, town or city to which the 
transfer is made, and to the property and poll of the person 
transferred, situate in the township, town or city in which the 
person taxed resides, according to the rate and levy thereof in 
the township, town or city to which the transfer is made, and 
for its use ; and said tax shall be collected by the County 
Treasurer as other taxes are collected, and shall be paid, wheip. 
collected, to the Treasurer for school purposes of the proper 
township, town or city, upon the warrant of the County Auditor. 
To enable County Auditors correctly to assess said tax, the 
County Superintendents of the several counties shall, at the 
time they make out and report to the Auditor the basis of 
the apportionment of school revenue for tuition, as is required 
by section 4432 [§92], make out and report to said Auditor a 
statement of transfers which have been made for school pur- 
poses according to sections 4472 [§ 92 and § 93] and 4473. (R. S. 
1881, §4468; R. S. 1894, §5954; R. S. 1897, §6170.) 

1. Levy of Taxes on Person Teansferbed. Formerly it was the duty 
of the Auditor to extend the school tax to all persons transferred to the township, 
town or city, and such tax was imposed upon all the property of such person sit- 
uated in the township, town or city to which he was transferred, as well as to all 
his property situated in the township, town or city from which he was trans- 
ferred. — Johns V. State, 130 Ind. 522. ; but now no tax is levied upon the property 
of persons transferred unless it is situated in the township to which the transfer 
is made. The township from which the transfer is made pays the tuition of the 
pupil transferred. Section 143. 

[1895, p. 153. Approved and in force March 7, 1895.1 

137. Local tax for tuition. 1. The School Trustees of 
the several townships, towns and cities shall have power to 
levy annually a tax not exceeding thirty-iive cents on each one 



SCHOOL LAW OF INDIANA. 149 

liiiiidred dollars of taxable property, and twenty-five cents on 
each taxable poll, which tax shall be assessed and collected as 
the taxes of State and county revenues are assessed and col- 
lected, and the revenues arising from such tax levy shall consti- 
tute a supplementary tuition fund, to extend the terms of school 
in said townships, towns and cities after the tuition funds ap- 
portioned to such townships, towns and cities from the State 
tuition revenue shall have been exhausted : Provided, however, 
That should there be remaining in the tuition fund of any 
township, town or city levying such tax at the close of any 
school year any unexpended balance of such supplementary 
tuition fund assessed and collected for use in such school year, 
or previous year, equal to or exceeding in amount one cent 
upon each one hundred dollars of taxable property in said 
township, town or city, then it shall be the duty of the County 
Auditor to take notice of the same, at the time when the 
Trustee or Trustees of such school corporation shall make the 
annual levy for such tax such Trustee or Trustees shall make, 
under oath, an estimate of the amount of supplementary tuition 
fund that will be required to meet the actual expenses of the 
schools for the next school year, and from such estimate sa'id 
Auditor shall deduct the unexpended balance of such fund in 
such Trustee or Trustees' hands on the first Monday of July, 
and the said Trustee or Trustees shall make a levy not larger 
than shall be suflicient to produce a supplementary revenue 
equal to the amount remaining of such sworn estimate after 
such unexpended balance shall have been deducted therefrom. 
(R. S. 1897, §6171.) 

1. Who Makes Levy. The levy is made by the School Trustees of cities and 
towns, and by the Township Advisory Boards of townships. 

2. Constitutional. The tax authorized by this section is valid, the section 
being constitutional. — Kobinson v. Schexick, 102 Ind. 307 ; Shepardson v. Gillette, 
133 Ind. 125'. 

138. Local tax, how applied. 2. The funds arising from 
such tax shall be under the charge and control of the same offi- 
cers, secured by the same guarantees, subject to the same rules 
and regulations, and applied and expended in the same manner 
as funds arising from taxation for common school purposes by 



150 SCHOOL LAW OF INDIANA. 

the laws of this State : Provided, That the funds assessed and 
ijolleeted in any school township, school town or school city 
shall be applied and expended in the same school township, 
town or city in which such funds shall have been assessed and 
collected. (R. S. 1897, § 6172.) 

1. Anticipating. This revenue is not forbidden to be anticipated, as is the 
State's tuition revenue. — Harney v. Wooden, 30 Ind. 178. 

[1871, p. 209. Approved and in force March 11,1871.] 

139. Special tax to pay debts. 1. In all cases where any 
Township Trustee may have heretofore made and contracted 
debts against any township in the construction, repairing or 
completion of school houses, or in providing furniture or school 
apparatus therefor, and the special school revenue tax, as pro- 
vided for in section 135, shall be insufficient to satisfy, pay and 
liquidate debts so made and contracted by such Trustee, then, 
and in that case, it shall be lawful and such Township Trustee 
is hereby authorized to levy an additional tax of not exceeding 
twenty-five cents on each one hundred dollars' worth of taxa- 
ble property, in any one year, to the amount now authorized to 
be levied under said section, for the purpose of paying, satisfy- 
ing and liquidating the debts made and contracted by said 
Trustee for the purposes aforesaid; and it shall be lawful and 
said Trustee is hereby authorized to make said levy for each 
and every year after the passage of this act, until said debts, 
made and contracted as aforesaid for the purposes aforesaid, 
shall be fully paid, satisfied and liquidated : Provided, That 
nothing in this act shall be construed to alter, change, modify, 
repeal or in any w^ay conflict with section 135 : Provided, farther, 
That such additional levy shall only be made after the legal 
voters of the township to be afiected thereby shall have de- 
clared in favor thereof. (R. S. 1881, § 4471 ; R. S. 1894, § 5957 ; 
R. S. 1897, § 6173. 

1. Mandate. It is the duty of the Trustee of a township to apply the tuition 
funds of the township, when received, to the payment of its indebtedness for 
tuition, and the performance of such duty may be enforced by mandate. — State v. 
Cooprider, 96 Ind. 279. 



SCHOOL LAAV OF INDIANA. 151 

[1885, p. 171. Approved and in force April 10, 1885.J 

140. Tax to complete town school houses and to support 
town schools. Seventeenth. Such Board of Trustees shall 
have power to complete school houses now in progress of erec- 
tion, and provide for the payment of the same ; to erect or pro- 
vide such school houses as may be necessary for the use of 
schools of the town, to keep them in repair, and to provide fuel 
and other necessaries therefor. 

Nineteenth. The said Board of Trustees shall have power to 
levy and collect annual taxes not exceeding thirty cents on the 
one hundred dollars valuation on all property subject by law to 
taxation, for the support of town schools within their said cor- 
poration. (R. S. 1894, § 4357 ; 11. 8. 1897, § 4462.) 

1. Statute Valid. This statute has been declared valid in Shei^ardson v.. 
Gillette, 133 Ind. 125. 



CHAPTER IX. 

ENUMERATION. 



Sec. 




Sec 




141. 


Trustee to take — His duties — Who 


146. 


Rights not abridged. 




enumerated. 


147. 


Transfer to school corporation of 100,000, 


142. 


Transfer. 


148. 


Payment of tuition. 


143. 


Tuition. 


149. 


Enumeration, where filed — Retaking. 


144. 


Appeal. 


150. 


Township in two or more counties-* 


145. 


Payment of tuition— Refusal to make. 




Report. 



[1895, p. 127. Approved and in force March 5, 1895.) 

141. Trustee to take— His duties — Who enumerated. 14. 

The School Trustees of the several townships, towns and cities 
shall take or cause to be taken, between the tenth day of April 
and the thirtieth day of the same month, each 3'ear, an enu- 
meration of all unmarried persons between the ages of six 
and twenty-one. years resident within the respective townships, 
towns and cities. 

Each person required or employed to take such enumeration 
shall take an oath or affirmation to take the same accurately 
and truly to the best of his skill and ability. Such oath or 
affirmation shall be made a matter of record and kept on file iir 
the office of the School Trustee. 



152 SCHOOL LAW OF INDIANA. 

In making tlie said enumeration, the Trustee, or person so 
employed, shall distinguish between the white and colored 
children, enumerating them in separate lists, and shall list the 
names of parents, guardians, heads of families, or persons hav- 
ing charge of such child or children, male or female, shall list 
the full name and give the sex and age of each child so enu- 
merated, shall secure the signature of either parent, guardian, 
head of family, or person having charge of such child or 
children, certifying to the correctness of the same, or if this is 
impossible, shall secure the signature of some responsible person 
who can certify to the correctness of said list ; and he shall give 
the number of the school district to which such parent, guardian, 
head of family or person having charge of such child or children 
is attached for school purposes, and the number and initials 
which designate the congressional township in which such par- 
ent, guardian, head of family or person having charge of such 
child or children resides. In cities the said enumerator shall 
give, in addition to the above enumerated items, the s1:reet and 
number of the residence of such person. He shall include in 
such list all unmarried persons between the ages of six and 
twenty-one years, whose parents, guardians, heads of families or 
persons having charge of such child or children, shall have been 
transferred to his township, town or city for school purposes ; 
and he shall exclude from such list all persons Mdiose parents, 
guardians, heads of families or persons having charge of such 
child or children shall have been transferred from his township, 
town or city for school purposes. He shall not include in such 
list any jDersons residing temporarily in his towhship, town or 
city for the purpose of attending school, or who are members 
of a family staying temporarily in his township, town or/ city, 
but whose actual residence is elsewhere. He shall include in 
his list such unmarried persons between six and twenty-one 
years of age as are dependent upon themselves and not under 
charge of parents, guardian or heads of families, and shall so 
designate such persons in a separate list, giving in cities the 
street and number of the residence of such persons. He shall 
enumerate no one who is not reported to him personally, and 
properly certified to as herein provided, except in cases of minors 
who are dependent upon no one, and not inmates of any family 
who may be reported as herein provided for : Provided, That 



SCHOOL LAW OF INDIANA. 153 

if any parent, guardian, head of family or person having charge 
of any child, shall be absent, the enumerator shall ascertain the 
facts required from other reliable sources, and sign his own 
name to the certificate herein required ; and in case any parent, 
guardian, head of family or person having charge of any child 
entitled to school privileges shall refuse to report to the enumer- 
ator any facts herein required, necessary to a full and accurate 
enumeration, he shall be deemed guilty of a misdemeanor and 
upon conviction shall be fined not less than one nor more than 
ten dollars. Each person required or employed to take the 
enumeration as provided for in this act, shall, when making 
returns of said enumeration to the proper officers, make affidavit 
or affirmation that he has taken and returned the enumeration 
in accordance with the provisions of this act, to the best of his 
knowledge and belief, and that such list contains the names 
of all persons entitled to be enumerated, and no others. The 
officer to whom such return is required to be made may take 
and shall certify such affidavit or affirmation, and shall keep in 
his office such affidavit or affirmation and such report and list 
of names ; and each person so taking and returning the enu- 
meration shall be allowed by the Township School Trustee, or 
the School Trustees of incorporated towns and cities, reasonable 
compensation per diem for his services, to be paid out of the 
special school fund of such township, town or city. Any person 
appointed as enumerator, or any officer through whose hands 
the enumeration required by this act shall pass, who shall 
knowingly enumerate persons not entitled to be enumerated, or 
who shall in any manner add to or take from the number 
actually enumerated, shall be deemed guilty of a misdemeanor, 
and, upon conviction of such offense, shall be fined in any sum 
not less than five nor more than one hundred dollars, or impris- 
onment in the county jail not less than ten nor more than thirty 
days, at the discretion of the court. (E. S. 1897, § 6174.) 

1. Who May be Enumeeated. Only persons between the ages of 6 and 21 
years are entitled to be enumerated, and to have the benefits of the common 
schools. — Draper t;. Cambridge, 20 Ind. 268. A minor attains to 21 years of age 
on the day preceding the twenty -first anniversary of his birth. — Wells v. Wells, 6 
Ind. 447. 

2. Residence. The legal domicile and residence of a minor, not emanci- 
pated, is that of his parents. Parents residing in another State can not send their 



154 SCHOOL LAW OF INDIANA. 

children into this State for the purpose of procuring an education, and enable 
them to acquire such a residence here as will entitle them to admission into the 
common schools of this State, unless the circumstances are such as will create a 
bona fide legal residence here. — Wheeler v. Burrow, 18 Ind. 14. 

3. Non-resident Students. Persons residing temporarily within a corpo- 
ration, for the purpose of studying at a school or college there located, do not 
acquire a legal residence therein. 

4. Choice op Districts. A person may be detached from one district and 
attached to another at any time during the year, with the consent of the Trustee, 
upon presentation to him of a suitable reason therefor; but a person whose school 
privileges have been affected by his removal, or by the relocation of a school 
house, has the right at the next enumeration to choose a district in the township 
to which he will be attached. 

The distinction must be observed between a transfer and an attachment to a 
district, the former being a change from one corporation to another, the latter 
from one district to another in the same corporation. 

5. Choice of Schools in Cities and Towns. There is no provision in the 
law, that we are aware of, authorizing parents or guardians to determine to which 
one of the schools they will send their children in towns and cities. These mat- 
ters are managed, we believe, by the Trustees exclusively, in towns and cities, 
who, doubtless, to some extent, consult the wishes of the inhabitants, having in 
view the grade of the school which it is proper that any given pupil should at- 
tend, the convenience of jiarents and the surrounding circumstances. — City of 
Crawfordsville v. Hays, 42 Ind. 207. 

6. Privileges of Certain Children. The School Trustees are required to 
"make an enumeration of the children, white and colored, within their respective 
townships, towns and cities," and to "list the names of parents, guardians or heads 
of families, male and female, having charge of such children." The law in this 
section recognizes three distinct relations in which the person having charge of a 
child may stand to the child, viz., parent, guardian and head of a family. The 
term "heads of families" must refer to a relation not included in the terms 
"parents" and "guardians." It is intended to cover cases where a person has 
children of school age in his honje and under his protection, whether as employes 
or as members of his family, though without formal adoption or legal guardian- 
ship. But there are other cases which the provision of the statute as to listing 
names does not include, but which must be provided for under the requirement 
for enumerating the children within the several corporations. The domicile of a 
minor is with his parent or guardian, and in theory every minor is supposed to have 
a guardian. But, in fact, many are completely sid juris, independent of parental 
control or support, and living by their own labor. The homes of such, for the 
purposes of this section, must be the places where they are employed or stay with- 
out any immediate intention of departing therefrom. No one can be said to have 
charge of them, they do not live at the homes of their employers, and are not under 
their protection as heads of families. They are none the less entitled to school 
privileges under what our Constitution requires to be a "general and uniform 
system of common schools, wherein tuition shall be without charge, and equally 
open to all." 

The Supreme Court remarks, incidentally, in Johnson ■y. Smith, 64 Ind. 275: 
"The theory of these statutory provisions is, that each and every child of the proper 



SCHOOL LAW OF INDIANA* ISS 

age, Avitliout regard to race or color, within the limits of this State, is entitled of 
right, and Avithout charge for tuition, to the benefits of such an education as may 
be obtained in and by our common schools." 

All persons between the ages of six and twenty-one years are entitled to school 
privileges, and may be enumerated in the school corporations in which they, in 
good faith, have their home — understanding home in the general sense, not in the 
technieal sense of legal domicile. Those Avho are in any way in charge of a resi- 
dent head of a family should be so enumerated ; those who can not be so assigned 
may be enumerated as without guardian. In acting under this interpretation 
Trustees should guard against imposition, by finding out whether the case can be 
brought under the law of transfer (§§ 142, 143); and, if not, whether the child 
is dejjendent upon himself for support, or upon the person with whom he lives. 
In either case he should be admitted to the schools. But children can not legally 
be maintained and sent to school by parents or guardians in corporations other 
than those in which they themselves reside, nor can a minor become a resident of 
a school corporation merely to acquire an education therein. 

7. Colored Children. The Township Trustee will not be compelled by 
the courts to make a separate list of colored children, unless a separate school for 
them is practicable. — State v. Grubb, 85 Ind. 213. 

8. Mandate— Pleadings. In an application for a mandate to enforce the 
admission of a person to a common school, the complaint should affirmatively 
show that the applicant is under twenty-one and not under six years of age, and 
unmarried, or such complaint will be bad on demurrer. — Draper v. Cambridge, 
20 Ind. 268. 

9. Report, Effect. The report of the Trustee was formerly conclusive on. 
the County Superintendent. — Young v. State, 138 Ind. 206. 

[1901, p. 448. Approved and in force March 11, 1901.] 

142. Transfer. 1. If any child resident in one school cor- 
poration of the State may be better accommodated in the schools 
of another school corporation the parent, guardian or custodian of 
such child may at any time ask of the School Trustee, Board of 
School Trustees or Commissioners of the School Corporation in 
which such child resides, an order of transfer, which, if granted, 
shall entitle such child to attend the schools of the corporation 
to which such transfer is made, under the conditions hereinafter 
prescribed : Provided, It shall also be cause for transfer if the 
nearest school to any child entitled to school privileges shall be 
more than one mile from the residence of such child and there 
be a school in an adjoining corporation within one-half mile,, 
unless free transportation is provided. 

1. Annual Transfer. Formerly transfers had to be made every year; a 
transfer for one year was not valid for the next year. — 143 Ind. 84. 

2. The Eight op Transfer. Formerly persons could be transferred at no- 
other time than at the time enumeration was taken, and then only when the Trus- 
tee was satisfied that they could be better accommodated. — Edwards r. Trustee, 
etc., 143 Ind. 84; but now the transfer may be made at any time. 



156 SCHOOL LAW OF INDIANA. 

3. Appeal. The right to be transferred is not absolute, depending upon the 
choice of the citizen, like the right to be attached to any school in his township. 
It caiTonly be claimed if he "can be better accommodated " by such transfer, and 
the power of the Trustee to make the transfer depends upon the existence of that 
condition. Of necessity, then, he must determine whether or not the condition 
exists, and act upon such determination. But his decision is not final. Section 
327 expressly provides for an appeal to the County Superintendent from all de- 
cisions of the Trustee relative to school matters; and for the purpose of prevent- 
ing, as far as can be, vexatious litigation, provides that the decision of the County. 
Superintendent shall be final as to certain matters, among which is enumerated 
"transfers of persons for school purposes." — Fogle v. Gregg, 26 Ind. 345; Edwards 
V. Trustee, etc., 143 Ind. 84. 

4. To What Corporations. Previous to 1899 persons could only be transfer- 
red from one Township to an adjoining township ; the word adjoining did not, how- 
ever, apply to cities and towns. — Edwards v. Trustees, etc., 143 Ind. 84. But 
now no restriction is placed, in this respect, upon the township to which the transfer 
may be made. 

5. Better Accommodations. The right of transfer for educational purposes, 
provided by statute, is given onty to persons who can be better accommodated 
thereby. It is a personal right, and each request for transfer is to be considered 
and determined upon its merits as a separate case by the school officers ; that is, 
can the person requesting the transfer, taking all the surroundings and conditions 
that will exist during the coming school year into consideration, be better accom- 
modated during such year with school privileges at the schools of the school cor- 
porations to which he seeks transfer than at the schools of the school corporation 
in which he resides ? 

In the'determination of this question many things would be material and per- 
tinent; the proximity of the schools Jn the township and city to the residence of 
relator ; the kind and character of the roads to each ; the means of transportation, 
if any, to each ; the crowded condition of the schools in either of the two school 
corporations. — Edwards -y. Trustee, etc., 143 Ind. 84. 

7. Taxes of Transferred Persons. Persons now transferred are no longer 
taxed in the township to which they are transferred, unless they have property in 
that township. For a decision on the old law, see Johns v. State, 130 Ind. 522. 

8. To What Taxes Liable. Formerly a transferred person was liable to all 
taxes levied for school purposes in the corporation to which he was transferred, 
and at the same rate as resident school patrons. — Johns v. State, 130 Ind. 522. 

9. Constitutional. The provisions of the old section authorizing the taxa- 
tion of the person transferred was constitutional. — Kent v. Town of Kentland, 62 
Ind. 291 ; Kobinson v. Schenck, 102 Ind. 307, 315. 

10. Must Receive. The person transferred must be received by the school 
corporation to which the transfer is made. — Edwards v. Trustee, etc., 143 Ind. 84. 

11. Bequest Necessary. Unless the person to be transferred requests it, a 
transfer can not be made. Edwards v. Trustee, etc., 143 Ind. 84. 

13. Appeal on Refusal to Make Transfer. Tlie person desiring to be 
transferred has the right to appeal if his request be denied ; and so has the corpo- 
ration to which a transfer is made. The appeal must be taken within thirty days 
after the request is made and refusal given ; or, in case of the school corporation, 
within thirty days after it is notified of the transfer. On appeal, the decision of 
the County Superintendent is final. — Edwards v. Trustee, etc., 143 Ind. 84. 



SCHOOL LAW OF INDIANA. 157 

143. Tuition, 2. If such transfer is granted, the School 
Trustees, or Board of School Trustees, or Commissioners of the 
school corporation in which such child resides, shall pay out of 
the special school fund to the School Trustee, Board of School 
Trustees or Commissioners of the school corporation to which 
such child is transferred, as tuition for such child, an amount 
equal to the annual per capita cost of education in the corpora- 
tion to which said child is transferred ; or such a part of it as the 
term of enrollment of said child in the schools of the creditor 
corporation may require : Provided, That the per capita cost 
in high schools shall be calculated upon the basis of expendi- 
tures for high school purposes, and the per capita cost in grade 
schools shall be calculated upon the basis of expenditures for 
the schools below the high school : Provided, That the rate of 
tuition per month shall not exceed two dollars in the high 
school, or one dollar and iifty cents in the grades. In calculat- 
iug the per capita cost, only expenditures for the current year, 
not including permanent improvements and additions, shall be 
counted. 

144. Appeal. 3. If an order of transfer be denied, the 
parent, guardian or custodian of the child shall have the right 
to appeal the case to the County Superintendent of schools, 
whose decision shall be final. 

145. Payment of tuition — Refusal to make. 4. The in- 
debtedness for tuition between school corporations arising from 
the provisions of this act shall be due and payable February 
1st and July 30th of every year. If any School Trustee or 
Board of School Trustees or Commissioners refuse to pay any 
sums claimed by another corporation as due, the creditor cor- 
poration shall make written statement of the case to the County 
Auditor, who shall have power to hear and determine the mat- 
ter. If he hold that a given sum is due the complaining cor- 
poration, he shall, in the next semi-annual distribution of school 
revenues, withhold such sum from the amount otherwise due 
the debtor corporation : Provided, That unpaid tuition claims 
arising between corporations of different counties shall be ad- 
justed by the State Superintendent of Public Instruction, 
through the apportionment of school revenues. 



158 SCHOOL LAW OP INDIANA. 

146. Rights not abridged. 5. IsTotliing in this act shall: 
be construed to abridge the right of Trustees, Boards of Trus- 
tees or Commissioners of two or more corporations to enter into 
written agreements to educate the transferred children of their 
respective corporations for a charge less than that named in 
Section 2 of this act. 

1. Note. Section 6 repeals all laws in conflict with the five preceding sec- 
tions. 

[1901, p. 513. Approved and in force March 11, 1901.] 

147. Transfer to school corporation of 100,000. 1. When- 
ever a child shall be transferred for school purposes from one 
school district or corporation to another, the latter having a 
population of more than 100,000, according to the last preceding- 
United States census, in case the parent, guardian or custodian 
of such child is at the time, prior to August 1st, in any year, a. 
taxpayer in the district to which the transfer is made, any taition 
payable b}^ law on account of such transfer by the corporation 
making it, shall be reduced or credited to the extent of all cur- 
rent school taxes levied by the corporation to which the transfer- 
is made and payable by such parent, guardian or custodian. 

148. Payment of tuition. 2. If any parent, guardian or 
custodian of a chikl entitled by law to attend the common schools 
of one district school or school corporation of this State, desires 
to have the child transferred for school purposes to another such 
school district or school corporation of this State, the latter 
having a population of more than 100,000, according to the last 
United States census, and he fails, or is unable to procure such 
transfer to be made, as provided by law, in such case if the child 
shall nevertheless be accepted as a scholar in the common schools 
of such district or corporation to which the transfer was desired, 
any tuition for the child payable by the parent, guardian or 
custodian to the school corporation where the child shall be so 
accommodated shall be reduced or credited to the extent of all 
current school taxes levied by the school corporation so accom- 
modating the child, and payable by such parent, guardian or- 
custodian. 



I SCHOOL LAW OF INDIANA. 159 

[1895. p. 127. Approved March 5, 1895. In force June 28, 1895.] 

149. Enumeration, where filed — Retaking. 18. Each 
Township Trustee and the President of the Board of School 
Trustees of towns and cities shall, on or hefore.the first day of 
May, annually, report to. and file with the County Superintend- 
ent of the proper county, a copy of the enumeration for school 
purposes of his township, town or city, with a list of transfers 
to such township, town or city, with his affidavit endorsed 
thereon to the efieet that the same is, to the best of his knowl- 
edge and belief, full and accurate and taken in accordance with 
the provisions of the law governing the enumerations. When 
said County Superintendent, however, on an examination of 
the enumeration returns of any township, town or city, finds any 
evidence that the enumeration is excessive in number or in any 
other way incorrect, he may require the same to be retaken and 
returned, and if he deem it necessary he may, for this purpose, 
appoint persons to perform the service, who shall take the same 
oath, perform the same duties, and receive the same compensa- 
tion out of the same funds as the person or persons who took 
the enumeration in the first place, and the school revenue shall 
be distributed to such school corporation upon the corrected re- 
turns. (R. S. 1897, § 6177.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

150. Township in two or more counties— Report. 19. 

"When a congressional township is located in two or more coun- 
ties, the proper Trustees for each portion thereof in the several 
counties shall report, at the same time and in like manner as 
provided in the last preceding section, to the County Superin- 
tendent of the county in which the congressional township fund 
of such townshi]j) is held in trust and managed. (R. S. 1881, 
§ 4476; R. S. 1894, § 5962; R. S. 1897, § 6178.) 

1. Explanation. This section requires that when a congressional township 
is located in two or more counties, the proper Trustees for each portion thereof 
shall make two separate and distinct reports of enumeration. 



160 



SCHOOL LAW OP INDIANA, 



CHAPTER X. 



APPOETIONMENT OF EEVENUE. 



Sec. 

151. To be semi-annually. 

152. Reports of County Auditors. 

153. When and what County Auditor re- 

ports. 

154. When Congressional township divided. 

155. Auditor failing to report. 

156. Apportionment among counties. 



Sec. 

157. Printed statement.- 

158. Payment to counties. 

159. Payment of excess. 

160. Unapportioned balances. 

161. County Auditor's apportionment. 

162. Interest on Sinking Fund. 

163. Surplus Dog Tax Fund. 



[1897, p. 291. Approved and in force March 8, 1897.] 

151. To be made semi-annually. 109. There shall be 
two apportionments of the school revenue for tuition made in 
each year by the State Superintendent of Public Instruction — 
one on the fourth Monday in June, and the other on the first 
day of January, unless the said day of the month should be 
Sunday, and, if so, on the clay following. (R. S. 1897, § 6179.) 

152. Reports of County Auditors. 110. To enable the 
Superintendent to make said apportionments, and to ascertain 
the amount of said revenue collected and ready for that pur- 
pose, the Auditors of the several counties of the State shall, 
promptly, after making the settlements with the County Treas- 
urers of the respective counties in May for the amount collected 
on tax list, and in December for the amount of delinquent tax 
collected, make report to said Superintendent of the precise 
amount of school. revenue for tuition collected in their respec- 
tive counties and ready for apportionment and distribution ; 
which report shall be verified by the oath or affirmation of the 
Auditor indorsed thereon. (R. S. 1897, § 6180.) 

153. When and what County Auditor reports. 111. The 
, first of said reports in each year shall not be delayed later than 

the third Monday in June, and the second not later than the 
twenty-fifth day of December. Said report shall show — 

First. The amount of school tax collected since the last re- 
port, whether upon the current year's tax list or delinquent tax. 

Second. The amount of interest collected since the last semi- 
annual report, and the amount, if any, not previously reported, 



SCiftOOL LAW OF INDIANA. 



161 



upon loans of common school funds, and on any indebtedness 
which is due or payable to said funds, arising from the sale of 
seminary property or otherwise. 

Third. The amount derived from liquor licenses and un- 
claimed fees not previously reported. 

Fourth. The total amount of school revenue thus collected 
and ready for apportionment. 

Fifth. The income derived from the congressional township 
school fund, including the interest on loans of said fund, and on 
deferred payments for school lands which have been sold, and 
the rents and profits derived from the leasing or renting of any 
such lands, or otherwise. 

Sixth. The amount of said income from the congressional 
township fund on hand for distribution in parts of the town- 
ships in the adjacent counties, specifying the amount on hand 
for each of the several counties. (R. S. 1897, § 6181.) . 

[1865, p. 3. Approved and in force March 6, 1865.] 

154. When congressional township divided. 112. When 
the congressional township lies partly in one county and partly 
in another, the Auditor of the county in which the fund of such 
township is managed shall notify the Auditor of the county in 
which any portion is situated of the amount due to such por- 
tion. (R. S. 1881, § 4480 ; R. S. 1894, § 5966 ; R. S. 1987, § 6282.) 

156. Auditor failing to report — ^Penalty. 113. On the 

failure of any County Auditor to make his said semi-annual re- 
port in time for said apportionments, his county shall be subject 
to a diminution of one hundred dollars in the next apportion- 
ment of said revenue by the Superintendent. The sum thus 
withheld may be collected from said Auditor, in a suit before a 
Justice of the Peace, prosecuted in the name of the State, by 
any person living in said county who has children enumerated 
for school purposes for the current year, who is aggrieved by 
said diminution. Said suit shall be commenced within two 
years from the time w^hen said report was due, and not after- 
ward : Provided, That said Auditor may discharge himself from 
liability to such suit by a certificate of the postmaster that said 
report was mailed in due time, together with his own affidavit 
of that fact. (R. S. 1881, § 4481 ; R. S. 1894, § 5967 ; R. S. 1897, 
§ 6183.) 

11 — ScH. Law. 



162 SCHOOL LAW OF INDlAiJA. 

[1895, p. 153. Approved and in force March 7, 1895.J 

156. Apportionment among counties. 114. The State 
Superintendent of Public Instruction shall, on the days fixed by 
section 109 of this act (151) for his apportionment of said reve- 
nue in each year, add to the sum total of said revenue in readi- 
ness in each count}^ for apportionment any amount in the State 
Treasury ready for apportionment, and after said additi©n the 
Superintendent shall apportion the whole of said sum to the 
several counties of the State, according to the last enumeration 
of children therein, with due reference to the diminutions pro- 
vided for by sections 41 and 113 of this act (89 and 155). (R. S. 
1897, § 6184..) 

1. Object of This Section. The equal distribution of the State school rev- 
enue to the several school corporations of the State, according to the number of 
school children therein, is a means, and not an end; but the great purpose for 
which this means may be used is that tuition shall be without charge and equally 
open to all the children of the State.— State v. McClelland, 138 Ind. 395; Pfau v. 

■ State, 148 Ind. 539 ; Starr v. State, 149 Ind. 592. 

2. Constitutional. This section is not in conflict with the State Constitu- 
tion.— State V. McClelland, 138 Ind. 395. 

3. Amount to be Returned — How Determined. To determine what part 
of the unexpended balance must be returned to the County Treasurer, the amount 
received from the State and the amount received from local sources must be pro- 
rated.— State V. McClelland, 138 Ind. 395. 

[1865, p. 3. Approved and in force March 6, 1865.] 

157. Printed statement. 115. Said Superintendent shall 

make out and have printed a statement showing — 

First. The enumeration of children in each county. 

Second. The amount of school revenue ready for apportion- 
ment in each county, and the source from which the same is 
derived, including said addition from the State indebtedness. 

Third. The distributive share thereof apportioned to each 
county. 

He shall file a copy of said statement with the Auditor of 
State and Treasurer of State, and he shall forward a copy 
thereof, by mail, to each of the County Auditors, County Super- 
intendents and County Treasurers of the State. (R. S. 1881, 
§ 4483; R. S. 1894, § 5969; R. S. 1897, § 6185.) 

158. Payment to counties. 116. The Auditor of State 
shall, at the time of making the semi-annual settlements with 



SCHOOL LAW OF INDIANA. 163 

the several County Treasurers, give tliem each a warrant on the 
State Treasury for the distributive share of said revenue appor- 
tioned to their respective counties, the amount of which shall 
be retained by said treq,surers out of the money or revenue in 
their hands ; and the balance ascertained to be due to the State, 
of ordinary State revenue or other revenue, together with said 
warrant, shall be paid into the State Treasury. The settlement 
between the respective County Treasurers and the Auditor of 
State, and the drawing of the warrants for the amounts appor- 
tioned to their respective . counties ; the ascertainment of the 
balance payable into the State Treasury, and the payment of 
said balance, and retention by the County Treasurers of their 
distributive shares of school revenue, according to said appor- 
tionment, — shall be concurrent acts, and shall be done and 
performed in such a manner as to effect a complete semi-annual 
disbursement, from the State Treasury to the several counties 
of the State, of all the school revenues then apportioned to 
them, and as soon as practicable after the apportionment is 
made. (R. S. 1881, §4484; R. S. 1894, § 5970; R. S. 1897, § 6186.) 

[1885, S. p. 208. Approved and in force April 13, 18a5.] 

159. Payment of excess. 1. The Auditor of State shall, at 
the time of making the semi-annual settlements with the sev- 
eral County Treasurers, give them each a warrant on the State 
Treasury for the State school revenues collected in their respec- 
tive counties, the amount of which shall be retained by said 
Treasurers, and when the Superintendent of Public Instruction 
shall have made his semi-annual apportionments of school rev- 
enue for tuition to the several counties of the State, the Audi- 
tor of State shall draw his warrant upon the State Treasury to 
the respective County Treasurers to which there may be due a 
greater amount than the State school revenue which has been 
collected in said counties, and for which a warrant, as hereinbe- 
fore provided has been issued to them, and said County Treas- 
urers to whom warrants have been issued at the semi-annual 
settlements for more than their distributive share of said school 
revenue shall, upon notice being given them thereof by the 
A_uditor of State, forthwith pay such excess into the State 
Treasury. (R. S. 1894, § 5971 ; R. S. 1897, § 6187.) 



164 SCHOOL LAW OF INDIANA. 

[1865, p. 3. Approved and in force March 6, 1865.] 

160. Unapportioned balances. 117. It at any time, from 
any cause whatever, an unapportioned balance of school rev- 
enue shall appear in the State Treasury, other than that which 
is nominally therein at the passage of this act, the Superintend- 
ent of Public Instruction shall add said balance to the sum to 
be apportioned, and apportion it at the next succeeding appor- 
tionment after such balance so appears. (E. S. 1881, § 4485 ; R. 
S. 1894, § 5972 ; R. S. 1897, § 6188.) 

[1897, p. 291. Approved and in force Marcii 8, 1897.] 

161. County Auditor's apportionment. 118. The Audi- 
tor of each county shall, semi-annually, on the second Monday 
of July and on the last Monday in January make apportionment 
of the school revenue, to which his county is entitled, to the 
several townships and incorporated towns and cities of the 
county; which apportionment shall be paid to the School 
Treasurer of each township and incorporated town and city by 
the County Treasurer. In making the said apportionment and 
distribution thereof, the Auditor shall ascertain the amount of 
the Congressional township school revenue belonging to each 
city, town or township, and shall apportion the other school 
revenue, so as to equalize the amount of available school revenue 
for tuition to each city, town and township, as near as may be, 
according to the enumeration of children therein, and report 
the amount apportioned to the Superintendent of Public In- 
struction, verified by affidavit : Provided, however, That in no 
case shall the income of the Congressional Township School 
Fund belonging to any Congressional township, or part of such 
township, be diminished by such apportionment, or diverted or 
distributed to any other township : Be it also jwovided, That in 
making the said apportionment and distribution of the State 
tuition revenues apportioned to the county by the Superin- 
tendent of Public Instruction, in case any school corporation 
shall not have expended for tuition purposes in any school year 
an amount as great as the amount of State tuition revenue ap- 
portioned and distributed to said corporation by the Auditor 
for said school year, then it shall be the duty of the Auditor, at 
the first apportionment, after the annual report of the receipts 



SCHOOL LAW OF INDIANA. 165 

and expenditures of said school corporation shall have been 
filed with the County Commissioners, to deduct from the whole 
amount of State tuition revenue apportioned to said school cor- 
poration an amount equal to the difference between the amount 
or State tuition revenue apportioned and distributed to said 
school corporation for use in such school year, and the whole 
amount shown by such annual report to have been actually ex- 
pended for tuition purposes, and there shall be paid to the 
Treasurer of said school corporation the sum remaining after 
such amount shall have been deducted, and the County Auditor 
shall include all such deductions in his report to the State 
Superintendent of Public Instruction as tuition revenue col- 
lected in his county and ready for distribution at the next ap- 
portionment : Provided^ That funds arising from the local 
tuition tax shall not be considered in making the deductions 
provided for in this section, nor included in the said report to 
the State Superintendent of Public Instruction. Any neglect 
or failure of any Auditor to comply with the provisions of this 
section of this act shall be and constitute a misdemeanor, and 
upon conviction of any such Auditor of the violation thereof, 
he shall be fined in any sum not less than the amount of such 
unexpended balance nor more than double the amount thereof. 
(R. S. 1897, § 6189.) 

1. Method Constitutional. This method of apportionment is according to 
the command of the Constitution, and, perhaps, it requires the same principle to be 
applied to the distribution among tlie counties. — Quick v. Whitewater Tp., 7 Ind. 
570; Quick v. Springfield Tp., 7 Ind. 636. 

2. Teacher's Remedy. When a teacher obtains Judgment against a school 
corporation, for services as such, and a return of execution thereon nulla bona, he 
may, by proper suit, obtain application of any school revenue in the county 
treasury belonging to such corporation to the payment of the judgment. — Trustees 
of the Town of Milford v. Simpson, 11 Ind. 520. 

3. Trustee's Liability. If the Township Trustee receives funds, under this 
section, which belong to a school town within the township, he may, after 
demand, be compelled, by mandate, to pay the amount to the town. — Johnson v. 
Smith, 64 Ind. 275. 

4. Eule for Making Apportionment. Auditors will find no trouble in 
adjusting the apportionment without the labor of giving in detail the specific 
amount of each township's share of the two funds, if they will ascertain what the 
whole amount of the school revenues for the county, both common and congres- 
sional, will give each scholar on a per capita division, and then ascertain whether 
any township's congressional revenue will yield a larger dividend to its children. 
If any township thus has a larger per capita than that of the whole county from 



166 SCHOOL LAW OF INDIANA. 

the combined revenues, exclude the children and congressional revenue of that 
township from the calculation, and distribute to the other corporations on the 
consolidation basis. An example may be presented, as follows: 
Congressional Tp. A — 300 Children, $375 Congressional Revenue, $1.25 Per Capita. 
« B— 200 " 150 " " 75 " 

" C— 84 " 42 " " 50 « 

« D— 400 " 100 " " 25 " 

" E— 250 
The last four townships have 934 children, and $292 congressional revenue. 
The common school revenue of the county amounts to $875.50, which, added to 
the $292, will make $1,167.50. This will give the last four townships $1.25 per 
scholar, the same that A receives from her congressional revenue alone, in which 
case the same result is obtained with or without including A's children and 
revenue. But if the common school revenue were only $828.80, the last four 
townships would get only $1,120.80, or $1.20 per scholar. In this case A must 
receive the whole of her own revenue, which must not he diminished by any process 
of distribution; and the remaining revenues must be distributed among the other 
coi'porations. 

5. Town Incorporated Within Tovfnship — Custody of School Funds. 
A distinct portion of a certain township of this State having become an incorpo- 
rated town, and elected school trustees, under the laws of the State, the Trustee of 
such township, after the election, but before such School Trustees had qualified, 
^demanded and received of the County Treasurer the school funds of the whole 
township, whereupon such School Trustees, after qualifying, demanded of him 
the payment to their treasurer of the proportion of such school funds belonging 
such town, which he refused ; whereupon they filed an affidavit, reciting the fore- 
going facts, to compel him, by mandate, to pay over such moneys. It was decided 
that they were entitled to recover. — Johnson v. Smith, 64 Ind. 275. 

6. Statute Valid. The above section is constitutional. — State v. Mathews, 
150 Ind. 597. 

7. A township is not entitled to any of the school fund collected from the tax 
assessed under the general law so long as the interest on the congressional fund of 
such township alone amounts to more per capita than was left in the hands of the 
County Auditor to apportion to other townships. — State v. Mathews, 150 Ind. 597. 

[1865, S. p. 139. Approved and in force March 21, 1865.] 

162. Interest on sinking fund. 1. All interest accrued 
or accruing on the sinking fund, or any other fund, held by 
this State for the benefit of the common schools of this State, 
on and after the first day of January, one thousand eight hun- 
dred and sixty five, is hereby set apart for distribution as other 
revenues are distributed, for the support of the common schools 
of this State. (R. S. 1881, § 4487; R. S. 1894, § 5974; R. S. 
1897, § 6190.) 

[189 p. 178. Approved March 6, 1897; in force April 14, 1897.] 

163. Surplus dog tax fund. 13. The Trustee shall register 
all losses in the order in which tbey are reported : Provided, 



SCHOOL LAW OF INDIANA. 167 

That no person shall receive pay for sheep, horses, cattle, swine 
or other live stock or fowls killed or maimed by any dog or 
dogs owned or harbored by himself: Provided, further, That 
the Dog Fund heretofore collected shall be added to and ap- 
plied with the fund arising under the provisions of this act. 
And when it shall so occur on the first Monday of March of 
any year in any township in the State of Indiana that said fund 
shall accumulate to an amount exceeding one hundred dollars 
over and above orders drawn on the same, the- surplus afore- 
said shall be paid and transferred to the County Treasurer of 
the county in which such township is located and the fund 
arising from such surplus from the township of the county shall 
constitute a County Dog Fund and shall be distributed among 
the townships of the county in which the orders drawn against 
the Dog Fund exceed the money on hand. This distribution 
shall be made on the second Monday in March of each year, 
and if said County Dog Fund be insuflicient to pay for all the 
live stock or fowls maimed or killed by dogs of all the town- 
ships the distribution shall be made in the ratio of the orders 
drawn against the Dog Fund of the townships and unpaid and 
unprovided for, which ratio shall be obtained from the report 
of the Trustees of the townships made to the Auditor of the 
county which is hereby directed shall be made by each Town- 
ship Trustee of the county upon the first Monday of March of 
each year, which report shall show all receipts into the Dog 
Fund of his township, and all orders drawn against the same 
in the order in which they were drawn. And when it shall 
occur again upon the second Monday in March of any year 
that there is a surplus left of the County Dog Fund after pro- 
visions have been made for the payment for all the live stock 
or fowls killed or maimed, of all the townships of the county, 
such surplus shall be distributed for the schools of the county 
in the same manner the common school revenue of such county 
is distributed. (R. S. 1897, § 2910.) 

1. Towns and Cities. A town or city within a township is entitled to its 
proportionate share of the surplus Dog Fund. — Taggart r. State, 142 Ind. 668 
(overruling School City of South Bend v. Jaquith, 90 Ind. 495); Maloy v. Madget, 
47 Ind. 241. 

2. How Apportioned. The County Auditor makes the apportionment ac- 
cording to the provisions of section 161. 



168 



SCHOOL LAW OF INDIANA. 



CHAPTER XI. 



SCHOOLS IN CITIES AND TOWNS. 



Sec. 

164. Bonds for school buildings. 

165. Use of proceeds. 

166. Special tax. 



Skc. 

167. Condition for building. 

168. Surplus special school revenue. 



[187:!, p. 80. Approved March 11, 1873, and in force July 7, 1873.] 

164. Bonds for school buildings. 1. Any city or incor- 
poratecl town in this State wliicli shall, by the action of its 
School Trustees have purchased any ground and building or 
buildings; or may hereafter purchase any ground and build- 
ing or buildings; or has commenced, or may hereafter com- 
mence, the erection of any building or buildings for school pur- 
poses ; or which shall have, by its School Trustees, contracted 
any debts for the erection of such building or buildings, or the 
purchase of such ground and building or buildings; or such 
Trustee shall not have the necessary means with which to com- 
plete such building or buildings, or to pay for the purchase of 
such ground and building or buildings, or pay such debt, may, 
on the filing by the School Trustees of said city or town of a 
report, under oath, with the Common Council of such city, or 
the Board of Trustees of such town, showing the estimated or 
actual cost of any such ground and building or buildings, or 
the amount required to complete such building or buildings, or 
purchase such ground and building or buildings, or the amount 
of such debt, on the passage of an ordinance authorizing the 
same by the Common Council of said city or the Board of 
Trustees of such town, issue the bonds of such city or town to 
an amount not exceeding in the aggregate fifty thousand dol- 
lars, in denominations not less than one hundred nor more than 
one thousand dollars and payable at any place that may be des- 
ignated in the bonds (the principal in not less than one year nor 
more than twenty years after the date of such bonds, and the 
interest annually or semi-annually, as may be therein provided) 
to provide the means with which to complete such building or 
buildings, and to pay for the purchase of such ground and 



SCHOOL LAW OF INDIANA. 169 

building or buildings, and to pay such debt. Sucli Common 
Council or Board of Trustees may, from time to time, negotiate 
and sell as many of such bonds as may be necessary for such 
purpose, in any place and for the best price that can be obtained 
therefor in cash : Provided, That such bonds shall not be sold 
at a price less than ninety-four cents on the dollar. (R. S. 1881, 
§ 4488; R. S. 1894, § 5975; R. S. 1897, § 6191.) 

1. Contract for Ground. Under this section the bonds may be issued al 
though the Trustee has only contracted for the grounds or buildings. — Williams 
V. Town of Albion, 58 Ind. 329. 

2. Valid. The above section is constitutional. — Clark v. Town of Nobles- 
ville, 44 Ind. 83 ; Gardner v. Haney, 86 Ind. 17. 

3. Location of School Property. As a rule, the school grounds and 
houses should be located within the school corporation that owns them ; but the 
bonds of such corporation, negotiated and sold to procure means for the erection 
and completion of such school houses, are not void merely because they are located 
without the limits of the corporation. — Gardner v. Haney, 86 Ind. 17. 

4. Title to School Property — Control op. As to the title and control of 
school property three cases arise under the law lyrior to the act of 1893: 

(1) When the school house is within the limits of the township the title is in 
the school township, and the Township Trustee controls and may sell. 

(2) When the school house is situated within territory which is afterward 
incorporated into a town, then the title vests in the town, and the property is con- 
trolled by the School Trustees of the town. — Carson v. State, 27 Ind. 465; School 
Town of Leesburgh v. Plain School Tp., 86 Ind. 582; School Tp. of Allen v. School 
Town of Macy, 109 Ind. 559. 

(3) When the school house is located on territory which is taken into a city 
by addition, then the Township Trustee controls and sells, and credits the special 
school fund with the amount of the sale. — Heizer v. Y6hn, 37 Ind. 415; Reckert 
V. City of Peru, 60 Ind. 473. See now, however, on this subject § 253. 

5. Petition Not Necessary. A petition of the taxpayers to the Board of 
Trustees or the Common Council is not necessary to enable the Board to levy a 
tax to complete school buildings.- — Clark v. Town of Noblesville, 44 Ind. 83. 

6. Can Not be Enjoined. When the School Trustees have complied with 
the law (section 167) by filing with the Town Board or Common'Council a verified 
report, showing that, as such School Trustees, they have contracted for the pur- 
chase of real estate on which to erect school buildings, and showing the amount 
of the debt incurred for such realty, and the estimated cost of such buildings, and 
asking the issuance of bonds, such Board or Common Council may, by ordinance, 
authorize the issue and sale of bonds of such city, equal in amount to the cost of 
such real estate and the estimated cost of such buildings, and such Board or Com- 
mon Council can not be enjoined from so doing. — Williams v. Town of Albion, 58 
Ind. 329. 

7. County Seminary. The school city alone can bind itself on an obliga- 
tion given for the purchase of a school building. — State v, Terre Haute, 87 Ind. 212. 



170 SCHOOL LAW OF INDIANA. 

8. Bonds for Boonville. An act of 1901, p. 573, concerning the issuance of 
bonds in towns of a population, according to the census of 1900, not less than 2,840 
nor more than 2,850, applies only to Boonville. It is, because of its special char- 
acter, not inserted in this work. Acts 1901, p. 573. 

9. Salem. A similar law relates only to Salem. Acts 1901, p. 346. 

10. Portland. A similar law relates only to Portland. Acts 1901, p. 578. 

11. Sullivan. A similar law relates only to Sullivan. Acts 1901, p. 575. 

165. Use of proceeds. 2. The proceeds of the sales of 
such bonds shall be paid to the said School Trustees, to enable 
them to erect or complete such building or buildings and pay 
such debt. But before payment to them, such School Trustees 
shall file with the County Auditor a bond, payable to the State 
of Indiana, in a sum not less than the full amount of the said 
money so to be paid to them, and with security to be approved 
by said Auditor, conditioned for the faithful and honest appli- 
cation of such money to the purpose for which the same was 
provided; and such Trustees, and their surety or sureties, shall 
be liable to suit on such bond for any waste, misapplication, or 
loss of such money in the same manner as now provided for 
waste or loss of school revenue. (R. S. 1889, § 4489 ; R. S. 1894, 
§5976; R. S. 1897, §6192.) 

[1875, p. 29. Approved and in force March 11, 1875.J 

166. Special tax. 3. In addition to levying the tax by 
cities or incorporated towns for general purposes, now author- 
ized by law, the Common Council of any such cities, and Boards 
of Trustees of any such incorporated towns as shall avail them- 
selves of tbe provisions of this act, are hereby authorized and 
required to levy, annually, a special additional tax, at the same 
time and in the same manner as other taxes of such city or 
town are levi,ed, sufiicient to pay the interest and principal of 
said bonds falling due ; which additional special tax shall be 
assessed and collected as the taxes for State and county revenue 
are assessed and collected. The Treasurer of said city or town 
shall keep accurate account of the revenue arising from said 
special tax, and shall in his reports, when required by the city 
or town authorities, show the amount thereof received, the 
am^mt disbursed, and the amount thereof, if any, remaining 
delinquent. He shall pay out the same only by the authority 
of the Common Council of said city or Board of Tustees of 



SCHOOL LAW OF INDIANA. 171 

such town ; and shall permit the same to be applied to no other 
purpose than the payment of the principal and interest of such 
bonds ; and oificial bonds of City and Town Treasurers shall be 
construed to cover and include revenue arising from this source. 
Persons residing outside of any such city or town, and electing to 
be transferred to such town or city for educational purposes, or 
who shall send their children to the school taught in any such 
building, shall, with their property, be liable to such tax,. as if 
they resided in sucli city or town, on all property owned by said 
per'Son in the township where such city or town is located : 
Provided, always, That nothing in this act shall be construed to 
prevent the School Trustees of such town or city from admit- 
ting pupils into such schools from outside such city or town, in 
their discretion, upon the payment of tuition therefor, and with- 
out subjecting the property of their parents to such taxation, 
when such schools are not crowded and their admission shall, 
in no way, interfere witli the progress of the children within 
such city or town : Prodded further, That the additional special 
tax, hereby authorized, shall not, in any one year, exceed fifty 
cents on any one hundred dollars of taxable property and one 
dollar on each poll. (R. S. 1881, §4490; R. S. 1894, § 5977; R. 
S. 1897, § 6193.) 

1. Section Constitutional. The provision subjecting to this tax persons 
residing outside the town or city, who, though not transferred, send to the school 
in the building for which the bonds were issued, is not unconstitutional. — Kent 
V. Kentland, 62 Ind. 291. 

2. Levy Obligatory. It is the duty of Trustees to levy annually a special 
additional tax sufficient to pay the interest and principal of bonds issued for 
school buildings and falling due; and where it appears that they have failed, neg- 
lected and refused to discharge their statutory duty, a writ of mandate is the 
proper legal remedy. Gardner v. Haney, 86 Ind. 17. 

[1879, S. p. 76. Approved and in force March 20, 1879.] 

167. Condition before building. 1. Before the School 
Trustees of any incorporated town or city in this State shall 
purchase any ground for school purposes, or enter into any con- 
tract for the building of any school building or buildings, they 
shall file a statement with the Trustees of such incorporated 
town, or Common Council of such city, showing the necessity 
for such purchase of ground, or the erection of such building 
or buildings, together with an estimate of the cost of such 



172 SCHOOL LAW OF INDIANA. 

ground or building or buildings, and the amount of means 
necessary to be provided to pay for such ground or building or 
buildings. And tliey sliall not purchase any ground, or enter 
into any contract for the building of any school building or 
buildings, until such action be approved by the Trustees of such 
incorporated town, or by the Common Council of such city : 
Provided, however, That there shall be nothing in this act so 
construed as to aftect any purchase of grounds, or contract made 
for the erection of any building or buildings for school pur- 
poses, prior to the taking effect of this act. (R. S. 1881, § 4491 ; 
R. S. 1894, § 5978; R. S. 1897, § 6195.) 

[1879, S. p. 95. Approved March 31, 1879, and in force May 31, 1879.] 

168. Surplus special school revenue. 1- It shall be the 
duty of the Board of School Trustees of any city or incorpor- 
ated town in this State to pay over to the Common Council or 
Board of School Trustees of such city or town any surplus 
special school revenue in the hands of such School Trustees, 
not necessary to meet current expenses; such excess of the 
revenue aforesaid to be applied for the payment of the interest 
or principal, or both, of any indebtedness incurred under the 
provisions of the act of March 8, 1873, authorizing cities and 
incorporated towns to negotiate and sell bonds to procure means 
to erect and complete unfinished school buildings, and to pur- 
chase any ground and building for school purposes, and to pay 
debts contracted for the erection and purchase of buildings and 
grounds. (R. S. 1881, § 4492; R. S. 1894, § 5979; R. S. 1897, 
§ 6195.) 



SCHOOL LAW OP INDIANA. 173 



CHAPTER XII. 

SCHOOL SYSTEM IN LARGE CITIES. 

(See section 179 and following.) 



Sec. 

169. School system. 

170. School districts. 

171. Organization — Term — Vacancies. 

172. Duties and powers. 

173. Tax collectors and payments. 



Sec. 

174. Sessions — Record— No pay. 

175. General School Law in force. 

176. Temporary loans. 

177. Bonds to pay debts. 

178. Bonds in cities. 



[1871, p. 20. Approved and in force March 3, 1871.] 

169. School system. 1. In all cities of this State of thirty 
thousand or more inhabitants, according to the United States 
census for the year eighteen hundred and seventy, there shall 
be elected, by the qualified electors of each school district of 
such city, one School Commissioner, to serve as a member of the 
Board of School Commissioners of such city. The first regular 
election for School Commissioners, under this act, shall be held 
on the second Saturday in June, in the year eighteen hundred 
and seventy-one, at the places to be fixed on for holding such 
election in the school districts of such city by the Common 
Council. All elections for School Commissioners shall be held 
in the same manner as elections are now held, and shall be gov- 
erned by the same laws that now govern general and municipal 
elections. The persons declared elected shall have issued to 
them, by the City Clerk, certificates of election ; and they shall, 
within ten days thereafter, take an oath of office, and file the 
same with the City Clerk. All regular elections for School 
Commissioners shall, thereafter, be held annually, on the second 
Saturday in June. (R. S. 1881, § 4457 ; R. S. 1894, § 5936 ; R. S. 
1897, § 6157.) 

1 . Repealed. The above section and the next six are probably repealed by 
the act of 1899, beginning with section 179, page 180. 

2. Legality. In view of the decision rendered in the case of Campbell v. 
City of Indianapolis, 155 Ind. 186j same case, 57 N. E. Rep. 920, it may be well 
doubted if this act of March 3, 1871, is constitutional ; but all bonds issued 
according to the provisions of this act were rendered valid by the act of 1899 
(Acts 1899, p. 434), which follows in Chapter XIII. 

170. School districts. 2. It is hereby made the duty of 
the Common Council of any such city, on or before the first 
Monday in May, 1871, by ordinance, to district the city into as 
many school districts as there are wards, and to define the 



174 gcaoOL LAW OF INDIANA. 

boundaries of each district, and such boundaries may be the 
present ward boundaries, or otherwise, as the Common Council 
may determine. Such school districts shall, however, be sub- 
ject to change by the Board of School Commissioners at any 
time after its organization ; and in case the number of districts 
is increased, each additional district shall be entitled to elect one 
School Commissioner for such district at the annual election for 
School Commissioners. The Common Council shall, at the 
time such ordinance is adopted creating such districts, order an 
election to be held in each of such districts for School Commis- 
sioners thereof, on the second Saturday in June following; and 
shall direct the City Clerk to give ten days' notice thereof in 
some daily newspaper of such city. (R. S. 1881, § 4458; R. S. 
1894, § 5937 ; R. S. 1897, § 6158.) " 

171. Organization — Term — Vacancies. 3. On the first 
Monday in July following the first election of School Commis- 
sioners herein provided for, such School Commissioners shall 
assemble at the ofiice of the Board of School Trustees of such 
city, and proceed to organize the Board of School Commission- 
ers of such city, by electing one of their number as a president, 
one of their number as a treasurer, and one of their number as 
a secretary ; each of which ofiicers shall serve for one year and 
until his successor is elected and qualified. The members of 
such Board of School Commissioners shall then determine, by 
lot, which three of their number shall hold office for three 
years, and which three shall hold ofiice for two years ; and, after 
having so determined, the president of the Board shall issue to 
the persons so determined certificates entitling them to hold 
ofiice for the terms respectively allotted; and the remaining 
members shall receive, from the president of the Board, certifi- 
cates showing that each is entitled to hold ofiice for one year ; 
and all persons elected as School Commissioners at the annual 
elections thereafter shall be entitled to hold ofiice for three years 
each. All vacancies occurring at any time prior to the annual 
election shall be filled by a ballot vote of a majority of the 
members of such Board ; and the persons so elected to fill such 
vacancies shall serve until the next annual election for School 
Commissioners. All persons elected at any regular annual elec- 
tion, or by the Board to fill any vacancy, shall serve until their 



SCHOOL LAW OF INDIANA. 175 

successors are elected and qualified. It is hereby made the duty 
of the Board of School Trustees in ofiice at the time of the 
organization of the Board of School Commissioners, to at once 
turn over to the Board of School Commissioners all books and 
papers pertaining to their trust, and to place in possession of 
the Board of School Commissioners all moneys, title papers, 
and property belonging to the School Trustees of Common 
Schools of such city ; and such Board of School Trustees shall 
thereafter cease to perform any and all duties whatever con- 
nected with the schools of such city. (R. S. 1881, § 4459; R. S. 
1894, § 5938 ; R. S. 1897, § 6159.) 

172. Duties and powers. 4. Such Board of School Com- 
missioners is hereby authorized — 

First. To district the city for the purpose of electing School 
Commissioners therein, and also to subdivide the city for gen- 
eral school purposes. 

Second. To levy all taxes for the support of the schools 
within such city, including such taxes as may be required for 
paying teachers, in addition to the taxes now authorized to be 
levied by the General Assembly of this State by the general 
laws thereof: Provided, Ko such tax levy, in any one year, 
shall exceed the sum of twenty -five cents on each one hundred 
dollars of the taxable property, as assessed for city taxes by the 
City Assessor, for purchasing grounds, building school houses, 
and furnishing supplies for such buildings ; or twenty-five cents 
on each one hundred dollars of such taxable property, for the 
purpose of paying teachers. 

Third. To levy a tax, each year, of not exceeding one-fifth 
of one mill on each dollar of taxable property assessed for city 
taxes by the City Assessor, for the support of free libraries in 
connection with the common schools of such city ; and to dis- 
burse any and all revenue raised by such tax levy in the pur- 
chase of books, and in the fitting up of suitable rooms for such 
libraries, and] for salaries to librarians ; also to make and enforce 
such regulations as they may deem necessary for the taking out 
from and returning to, and for the proper care of, all books 
belonging to such libraries, and to prescribe penalties for the 
violation of such regulations. 



176 SCHOOL LAW OF INDIANA. 

Fourth. To examine, either by a committee of such Board of 
School Commissioners or by an officer of such Board, selected 
for that purpose, all teachers applying for positions in the 
schools of the city ; and to license such as may be qualified — 
such license to be limited to the city in which the same is 
granted. 

Fifth. To purchase grounds, construct school buildings, pur- 
chase supplies, employ and pay teachers, appoint Superintend- 
ents, and disburse, through the treasurer of the Board of School 
Commissioners, moneys for all school and library expenses. 

Sixth. To require the treasurer of the Board of School Com- 
missioners to give bond in such sum, and with such surety, as 
the Board may determine, for the faithful discharge of his 
duties, and for the safe-keeping and faithful accounting for all 
moneys that may come into his hands as such treasurer. 

Seventh. To establish and enforce regulations for the grading 
of and course of instruction in the schools of the city, and for 
the government and discipline of such schools. 

Fighth. To prepare, issue and sell bonds to secure loans, not 
exceeding in the aggregate the sum of one hundred thousand 
dollars, in anticipation of the revenue, for building school 
houses, to bear such rate of interest, not exceeding ten per 
cent, per annum, and payable at such time, within five years 
from date, as the Board may determine ; and the money ob- 
tained as a loan on any such bonds shall be disbursed by order- 
of such Board, in payment of expenses incurred in building 
school houses : Provided., That until all the bonds of any one 
issue shall have been redeemed, such Board shall not be author- 
ized to make another issue ; nor shall any such bonds be sold 
at a less rate than ninety-five cents on the dollar. (R. S. 1881, 
§4460; R. S. 1894, §5939; R. S. 1897, §6160.) 

1. Can Not Levy Poll Tax. The Board of School Commissioners has no 
power to levy a poll tax for the support of the common schools of the city, or for 
a special fund for the support of such schools. — The Board v. Magner, 84 Ind. 67, 

2. Fifth and Eighth Clauses. Under the fifth clause the School Commis- 
sioners have power to contract for the erection and completion of school houses, 
and to agree to pay therefor partly in cash and partly on time, and to make and 
deliver their notes for the deferred payments, which are valid obligations, binding 
upon their school cities, notwithstanding the fact that there may be at the time 
outstanding bonds to the amount of $100,000, issued and sold under the eighth 
clause, to secure loans in anticipation of the revenue, for building school houses, 



SCHOOL LAW OF INDIANA. 177 

and that such money had been disbursed for that purpose. The powers conferred 
under the fifth clause are limited only by the educational wants of the school 
corporations under the Board's control, in the exercise of a sound and reasonable 
discretion. The eighth clause was not intended to be, and is not, a limitation 
upon the general powers conferred upon the Board by the fifth clause. It confers 
additional and extraordinary powers not conferred upon school corporations 
generally, and the proviso therein contained is a limitation only on the Board's 
exercise of such additional and extraordinary powers. — Fatout v. Board, 102 
Ind. 223. 

3. Notes. Notes executed by the Board in settlement of just debts fairly 
contracted for the legitimate purposes of the school corporation, do not come 
within the meaning of the eighth clause, or of the proviso, and are valid. — Fatout 
V. Board, 102 Ind. 223. 

4. Tax Levy. See Acts 1885, p. 17, Sec. 9. (E. S. 1894, § 3752; K. S. 1897, 
§ 4277.) 

5. Mechanic's Lien — Public Policy. A mechanic's lien for work done, or 
materials furnished, in the erection of a public school house, can not be acquired 
or enforced. It is against public policy. — Fatout i). Board, 102 Ind. 223, overruling 
Shattell V. Woodward, 17 Ind. 225. 

173. Tax collection and payment. 5. All levies of taxes 
made by order of the Board of School Commissioners shall be 
certified by its president and secretary to the City Clerk, who 
shall cause the same to be placed on the tax duplicate against 
all property assessed for city taxes; and the City Treasurer 
shall collect the same as city taxes are collected, and shall, once 
in each month, pay over all such taxes so collected to the treas- 
urer of the Board of School Commissioners of such city. All 
taxes hereafter collected by the County Treasurer for school 
purposes on levies hereafter made, and all moneys that may be 
hereafter distributed as a part of the common school fund by 
county officers, to which the common schools of such city shall 
be entitled, shall be paid over by the County Treasurer to the 
treasurer of the Board of School Commissioners ; and all taxes 
hereafter collected by the City Treasurer on levies heretofore 
made for school purposes, shall be paid over by such Treasurer, 
once in each month, to the treasurer of the Board of School 
Commissioners of such city. (R. S. 1881, § 4461 ; R. S. 1894, 
§ 5943 ; R. S. 1897, § 6161.) 

174. Sessions— Record— No pay. 6. The said Board of 
School Commissioners shall hold its sessions at such times as it 
may determine, and shall keep a record of all its proceedings. 
The members of such Board shall serve without any compensa- 

12 — ScH. Lav(^. 



178 ^ SCHOOL LAW OF INDIANA. 

tion whatever. (R. S. 1881, §4462; II. S. 1894, §5945; R. S. 
1897, § 6162.) 

175. General school law in force. 8. All parts of the 
general school laws of this State, not inconsistent herewith, and 
which may be applicable to the general system of the common 
schools in such city, herein provided for, shall be in full force 
and effect in such city. (R. S. 1881, § 4463 ; R. S. 1894, § 5946 ; 
R. 8. 1897, § 6163.) 

11877, p. 123. Approved and in force March 3, 1877.] 

176. Temporary loans. 1. ' The Board of School Commis- 
sioners of any city embraced within the provisions of sections 
4457 to 4463 may, whenever the funds for the support of the 
common schools in such city throughout the regular school year 
shall be insufficient or exhausted, make temporary loans for the 
support of such schools during such time, and until the receipt 
of the school revenue of the current year; but no more than is 
sufficient for such purpose, nor the amount of such revenue for 
the current year, shall be borrowed at any one time, and no fur- 
ther loan shall be made until such temporary loan shall be paid. 
(R. S. 1881, § 4464; R. S. 1894, § 5947; R. S. 1897, § 6164.) 

[1889, p. 101. Approved and in force March 5, 1889.] 

177. Bonds to pay debts. 1- Boards of School Commis- 
sioners in all cities of this State having thirty thousand or more 
inhabitants, according to the United States census for the year 
eighteen hundred and seventy, are hereby aathorized to prepare, 
issue and sell bonds to secure loans not exceeding in the aggre- 
gate, at any one time, the sum of two hundred and fifty thou- 
sand dollars, in anticipation of the revenue for purchasing 
grounds and building school houses, to bear such rate of inter- 
est, not exceeding six per cent, per annum, and payable at such 
time within ten years from date as the Board may determine ; 
and the money obtained as a loan on any such bonds shall be 
disbursed by the order of said Board in payment of indebtedness 
incurred in the purchasing of grounds, or building of school 
houses, or in refunding any bonds or other evidence of indebted- 
ness issued for such purpose. Such bonds may be issued in such 



SCHOOL LAW OF INDIANA. 179 

denomftnations and in such sums as the Board of School Com- 
missioners may deem to be expedient : Provided, That at no 
time shall the amount of such bonds so issued by any such 
Board of School Commissioners, then outstanding, exceed said 
sum of two hundred and fifty thousand dollars: And provided 
further, That such bonds shall not be sold for less than their par 
value. (R. S. 1894, § 5940; R. S. 1897, § 6165.) 

1. Library Tax. For a tax to build and support libraries in large cities, 
see §§ 285 to 290. 

[1889. p. 101. Approved and in force March 5, 1879.] 

178. Bonds in cities. 1- Boards of School Commissioners 
in all cities of this State having thirty thousand, or more, in- 
habitants, according to the United States census for the year 
eighteen hundred and seventy, are hereby authorized to prepare, 
issue and sell bonds to secure loans not exceeding in the aggre- 
gate, at any one time, the sum of two hundred and fifty thou- 
sand dollars, in anticipation of the revenue, for purchasing 
grounds and building school houses, to bear such rate of inter- 
est, not exceeding six per cent, per annum, and payable at such 
time within ten years from date, as the Board may determine ; 
and the money obtained as a loan on any such bonds shall be 
disbursed by the order of said Board in payment of indebted- 
ness incurred in the purchasing of grounds, or building of school 
houses, or in refunding any bonds or other evidence of indebted- 
ness issued for such purpose. Such bonds may be issued in 
such denominations and in such sums as the Board of School 
Commissioners may deem to be expedient : Provided, That at 
no time shall the amount of such bonds so issued by any such 
Board of School Commissioners, then outstanding, exceed said 
sum of two hundred and fifty thousand dollars : And, pro- 
vided further, That such bonds shall not be sold for less than 
their par valwe. (R. S. 1894, § 5940 ; R. S. 1897, § 6165.) 

1. Bonds. As to validity of bonds issued under this and previous sections, 
see Campbell v. City of Indianapolis, 155 Ind. ; same case, 57 N. E. Kep. 920. 



180 



SCHOOL LAW OF INDIANA. 



CHAPTER XIII. 



SCHOOLS IN CITIES OF 100,000 INHABITANTS. 



Sec 






Sue 


179. 


Aot of March 3, 1871, in force. 




197. 


180. 


Qualifications of Commissioners. 


198. 


181. 


Nomination and election. 




199. 


182. 


Terms. 




200. 


183. 


Organization of Board. 




201. 


184. 


Committees — Salaries — Rules. 




202. 


185. 


Legislative act — Directors' approvaL 


203. 


186. 


Ofiicers and teachers — Examin 


ations. 


204. 


187. 


Directors— Duties. 




205. 


188. 


Superintendent— Text-books - 


-Libra- 


206. 




rian— Appointments. 




207. 


189. 


Discharge of employes. 




208. 


190. 


Director's duties — Bond. 




209. 


191. 


Auditor of School Board. 




210. 


192. 


Warrants. 




211. 


193. 


Evidence of indebtedness. 




212. 


194. 


Illegal warrant — Liability, 




213. 


195. 
196. 


Appropriation necessar>^. 
Auditor's report— Bond— Pay. 




214. 



Accountants. 

Payments to Treasurer. 

Contract, appropriations for necessary. 

Contracts to be in writing— Supplies. 

Bids for school houses. 

Funding indebtedness. 

Tax levy. 

School law in force. 

Old School Board. 

Limit of debt. 

Purchase of grounds and buildings. 

Eminent domain, may exercise. 

Removal of Commissioner. 

Levy to pay debts. 

Subsequent censuses. 

Manual training schools. 

Teachers and instructors. 

Tax to support schools. 



[1899, p. 434. Approved and in force March 4, 1899.J 

179. Act of March 3, 1871, in force. 1. The government 
of comirion schools in cities of one hundred thousand or more 
inhabitants, according to the last United States census, shall be 
vested in a Board of School Commissioners, which shall consist 
of five School Commissioners. The said Board of School Com- 
missioners shall have and exercise all the powers now conferred 
by an act of the General Assembly of this State, approved 
March 3, 1871, entitled " an act providing for a general system 
of common schools in all cities of thirty thousand or more in- 
habitants, and for the election of a Board of School Commis- 
sioners for such cities, and defining their duties and prescribing 
their powers, and providing for common school libraries within 
such cities," and all acts amendatory thereof, and supplemental 
thereto ; and also all powers now conferred by law on Boards 
of School Commissioners in cities of thirty thousand or more 
inhabitants, according to the United States census of 1870, as 
well as the powers now conferred by law on Boards of School 
Commissioners in cities of one hundred thousand or more in- 
habitants, except as otherwise herein provided. And said 



SCHOOL LAW OF INDIANA. 181 

Board of School Commissioners provided for by this act shall 
assume, pay and be liable for all the indebtedness and liabilities 
of Boards of School Commissioners heretofore elected under 
the above described acts. 

1. Statute Valid. This statute is valid.— Campbell v. City of Indianapolis, 
155. Ind. 186; same case, 57 N. E. Kep. 920. 

180. aualifications of Commissioners. 2. The members 
of such Board of School Commissioners shall be at least twenty- 
five years of age, residents of the city, and shall have been such 
residents for at least three years immediately preceding their 
election. They shall be ineligible to any elective or appointive 
office under such Board of School Commissioners and under the 
government of such city while holding membership in said 
Board. They shall not be interested in any contract with or 
claim against the school city in which they are elected, either 
directly or indirectly. If at any time after the election of any 
member of said Board he shall become interested in any 
such contract with or claim against said school city he shall 
thereupon be disqualified to continue as a member of said Board, 
and a vacancy shall thereby be created. Every member of said 
Board shall, before assuming the duties of his office, take an oath 
before some one qualified to administer oaths that he possesses all 
of the qualifications required by this act, that he will honestly and 
faithfully discharge the duties of his office, that he will not, 
while serving as a member of such Board, become interested, 
directly or indirectly, in any contract with or claim against said 
school city, and that he will not be influenced during his term 
of office by any consideration of politics or religion or anything 
except that of merit and fitness in the appointment of officers 
and the engagement of employes. Ko compensation shall be 
received by members of the Board, but they shall be exempt 
from jury duty during their term of office. 

181. Nomination and election. 3. The said Board of 
School Commissioners shall be elected, except as specified in 
section four of this act, on a general ticket for the term of four 
years by the voters of such city qualified to vote at its city elec- 
tions. The members of such Board shall be elected at the 
regular city election of such civil city, and shall be taken from 



182 SCHOOL LAW OF INDIANA. 

the city at large without reference to districts, and such election 
shall he held under the provisions of the general laws governing 
such city elections, so far as they are not inconsistent with the 
provisions of this act. Not later than thirty days before any 
election for members of the Board of School Commissioners 
provided for in this act, householders of said city may present 
names of candidates for election as members' of said Board of 
School Commissioners to a Board of Canvassers, consisting of 
the Mayor, the Treasurer and the Comptroller of said city, in 
the manner following : Each candidate shall be proposed in 
writing by not fewer than two hundred householders of said 
city. IsTo more than one candidate may be named in any one 
petition and no person may sign more than one petition for any 
one election. Upon the presentation of such petitions to said 
Board, of Canvassers, the said Board of Canvassers shall pub- 
lish for five days the names proposed, in at least two of the 
daily papers of the city, and shall certify at the time required 
by law such nominations to the regular Board of Election Com- 
missioners for said city election, who shall prepare ballots 
printed on plain paper which shall contain the names of all 
such candidates, arranged in an order to be determined accord- 
ing to lot by said Board of Canvassers. There shall be nothing 
on said ballots, except as otherwise provided herein, and except 
the names of the candidates and the ofiices to be filled, together 
with the squares in front of each name and a statement at the 
head of the ticket of the number of Commissioners for whom 
the elector may vote. Such ballots shall be voted at said regular 
city election and deposited in a separate ballot box provided 
for such purpose. The name of any candidate shall not be 
thus published and placed on the official ballot by the said Board 
of Canvassers if it shall appear that he is ineligible for member- 
ship on the said Board of School Commissioners under the pro- 
visions of section 2 of this act. Each elector may vote for as 
many of said candidates as there are members to be elected, by 
making a cross in the square opposite the name of the candi- 
date. The candidates, in number equal to the number of mem- 
bers to be chosen, who have the highest number of votes shall 
be declared elected. If at any election a member is to be chosen 
to fill a vacancy and to serve out an unexpired term, candidates 
may be chosen as above provided, but they shaM in all cases be 



SCHOOL LAW OF INDIANA. 183 

designated on the ballot as candidates to fill a vacancy, and the 
date of the unexpired term shall be stated. The vacancies in 
said Board of School Commissioners shall be temporarily filled 
by the Board as soon as practicable after such vacancy occurs. 
Such member so chosen shall hold ofiice until his successor be 
elected and qualified. His successor shall be elected at the next 
general city election, when the vacancy shall be filled for the 
remainder of the term. 

182. Terms. 4. At the city election occurring on the sec- 
ond Tuesday of October, 1899, five members of the Board of 
School Commissioners shall be elected to serve as herein pro- 
vided. They shall assume ofiice on the first day of January, 
1900, and meet at the ofiice of the present Board of School 
Commissioners of such city at twelve o'clock, noon, and pro- 
ceed to organize. Within one week after the organization of the 
said elected Board they shall meet to divide themselves by lot, in 
such manner as they shall determine, into two classes, as follows : 
The first class, consisting of three members, shall hold ofiice 
through the 31st day of December, 1901. The second class, 
consisting of two members, shall hold ofiice through the 31st 
day of December, 1903. Thereafter, regular elections of mem- 
bers of the Board of School Commissioners shall occur at the 
regular city elections, held on the second Tuesday of October 
of each alternate year. In the year 1901, and every fourth year 
thereafter, three members shall be elected. In the year 1903, 
and every fourth year thereafter, two members shall be elected. 

[1901, p. 512. Approved and in force March 12, 1901.J 

183. Organization of Board. 5. The Board of School 
Commissioners shall organize, annuall}^ at their first regular 
meeting in January, by choosing one of their number president, 
another vice-president, electing a secretary who shall not be 
one of their number, and who shall receive a salary to be fixed 
by the School Commissioners which shall not exceed fifteen 
hundred dollars per year. The Treasurer of the city shall 
be the treasurer of the Board, and he shall receive a salary to 
be fixed by the School Commissioners, which shall not exceed 
fifteen hundred dollars per year. The Treasurer shall make a 
monthly statement to the Board of the amounts received and 



184 SCHOOL LAW OF INDIANA. 

expended during the month, and the amount on hand to the 
credit of the Board. He shall give bond to the approval of the 
Board in such sum as it may be determined and with not fewer 
than two sureties or a surety company. 

[1899, p. 434. Approved and in force March 4, 1899.] 

184. Committees — Salaries — Rules. 6. All standing 
committees provided for by the rules of said Board shall be ap- 
pointed by the president within two weeks after his election. 
All vacancies of offices, directly or indirectly, under the control 
of the Board of School Commissioners shall, on their occur- 
rence, be filled for the unexpired terms in the same manner as 
is prescribed for the regular appointment or election : Provided, 
That no such election to be made by direct vote of the Board 
of School Commissioners shall take place before the regular 
meeting, next subsequent to that at which such vacancy is re- 
ported to said Board. Subject to the limitations herein stated, 
said Board shall have power to fix the salaries of all officers, 
agents, teachers, or other employes in the employ of said Board. 
The salaries of all officers appointed for a fixed term shall not 
be reduced during such term. Such Board shall have full 
authority to adopt such schedules of salaries as it shall deem 
proper ; and, for this purpose, to divide principals, teachers and 
other officers and employes into classes to be determined by 
responsibility or experience, or both. It shall have power to 
fix the time of its meetings, except that at least one regular 
meeting each month shall be provided for ; and to make, amend 
and repeal rules and by-laws for its procedure and for the gov- 
ernment and management of the schools and school property 
under its control. But the rules and by-laws of the Board of 
School Commissioners superseded by this act, so far as they are 
not inconsistent with the provisions thereof, shall remain in 
force and be binding upon the newly organized Board of School 
Commissioners, until such time as it shall adopt new rules and 
by-laws to supersede them. 

185. Legislative act — Director's approval. 7. Every 

legislative act of the said Board shall be by written resolution. 
Every resolution involving an expenditure at money or the 
approval of a contract for the paynient of money, or for the 



SCHOOL LAW OF INDIANA. 185 

purchase, sale, lease or transfer of property, or levying any tax, 
shall, before it takes effect, and at least live days before the 
next regular meeting, be presented, duly certified by the secre- 
tary to the business director for approval. The director, if he 
approves such resolution, shall sign it; but if he does not ap- 
prove it he shall return the same to the Board at its next regu- 
lar meeting, with his objections, which the Board shall enter in 
full upon its journal, and if he does not return the same within 
the time above limited, it shall take eifect in the same manner 
as if he had signed it : Provided, That the director may approve 
or disapprove the whole, or any item or part of any such reso- 
tion. When the director refuses to sign any resolution or part 
thereof, and returns it to the Commissioners with his objections, 
the Board shall forthwith proceed to reconsider it ; and if the 
same is approved by the votes of at least three Commissioners, 
it shall then take effect as if it had received the signature of 
the director, and in all such cases the votes shall be taken by 
yeas and nays, and entered on the records of the Board. 

186. Officers and teachers— Examination. 8. The Board 

shall have power to determine the number of assistant superin- 
tendents, supervisors, teachers and employes, and prescribe 
their duties and fix their compensation. The said Board shall 
provide rules for the management and maintenance of the public 
library, and appoint an advisory committee to aid in the selec- 
tion of books for the same, and to advise in all other matters 
pertaining to the library. The Board shall adopt rules for 
obtaining, by open competition and without regard to religious 
or political beliefs, eligible lists from which all teachers and all 
other employes, except the superintendent, the assistant super- 
intendent, the principal of the normal school, the supervisors, 
and the principals of the high schools, shall be elected with 
regard, exclusively, to fitness. 

187. Director — Duties. 9. Immediately after its first or- 
ganization, the Board shall appoint a business director, who 
shall serve for a term of one year, but who shall be removable 
by a vote of four-fifths of the entire Board at any time. The 
business director shall be the executive ofiftcer of the Board. 
He shall execute for the Board of School Commissioners, in the 



186 SCHOOL LAW OF INDIANA. 

name of the scliool city, its contracts and obligations ; except 
tliat bonds issued shall be signed by the president of the Board 
and attested by the secretary ; he shall see that all contracts 
made by or with said Board shall be fully and faithfully per- 
formed ; he shall have the care and custody of all property of 
the school city real and personal, except moneys; he shall 
oversee the construction of buildings in process of erection and 
repairs of the school and library buildings ; shall advertise for 
bids, and shall purchase all supplies and equipments authorized 
by the Board ; and generally shall execute and carry into effect 
all matters and things, authority for which shall have been 
granted by. the Board, as herein provided. Whenever a busi- 
ness director who shall have served one year shall be re-elected 
his re-election shall be for a term of four years, he being remov- 
able, however, at any time by a vote of four-fifths of the entire 
Board. Before entering on the duties of the office he shall 
take an oath similar to the oath herein prescribed for School 
Commissioners, in so far as it is applicable. 

188. Superintendent— Text-books— Librarian— Appoint- 
ments. 10. The School Commissioners shall, at their second 
regular meeting in April, 1900, elect a Superintendent of Schools 
and a Librarian, each of whom shall serve a term of one year 
from June 30, 1900, and if either be then re-elected it shall be for 
a term of four years, and if either be therafter re-elected it shall 
be for a term of four years, and their successors shall be elected 
first for a term of one year and thereafter for a term of four 
years. The Superintendent of Schools shall have the sole power 
to appoint and discharge all assistants, principals, supervisors 
and teachers authorized by the School Board to be employed, 
subject to the limitations in this act stated, and shall report to 
the School Board in writing annually, and oftener if required, 
as to all matters under his supervision. He may be required 
by the Board to attend any or all its meetings and may take 
part in its deliberations, but may not vote. He shall select the 
text-books, maps, charts and apparatus to be used in the schools 
of said city, except the high schools, manual training and nor- 
mal schools, conforming, however, so far as they may apply, to 
the provisions of the general law of Indiana regarding school 
books. The text-books, maps, charts and apparatus to be used 



SCHOOL LAAV OF INDIANA. 187 

in the high schools, manual training and normal schools, shall 
be selected by committees consisting in each instance of the 
Superintendent of Schools, the principal of high school, manual 
training or normal school in which the text-book, map, chart or 
apparatus is to be used and the head of the department con- 
cerned. The Librarian shall have the power to select and pur- 
chase for the library all books, maps and other literature with 
the approval of the library advisory committee, and such Libra- 
rian shall have the sole power to appoint and discharge all 
assistants in the library, subject to the limitations in this act 
stated, and shall report monthly and annually, or oftener if re- 
quired, as to all matters under the supervision of such office. 
All other employes of the Board of School Commissioners shall 
be appointed or employed and discharged by the business direc- 
tor, subject also to the limitations in this act stated. He shall 
report to the Board monthly and annually as to all matters 
under the supervision of such office, shall attend all meetings 
of the Board and may take part in its deliberations, subject to 
its rules, but shall not have the right to vote. A majority of 
the entire Board shall be necessary to elect either the superin- 
tendent or librarian. If written charges of incompetence or 
misconduct are preferred to the said Board against any officer, 
employe or appointee chosen by or for the Board of School 
Commissioners, a hearing of the same shall be had after reason- 
able notice, and the School Commissioners may by four-fifths 
vote of all the members of such Board remove such officer, 
employe or appointee, in which case he shall not be eligible to 
re-appointment within two years thereafter. The superin- 
tendent and the librarian, before entering on their duties, shall 
take oaths similar to the oath prescribed herein for School 
Commissioners in so far as it is applicable. 

189. Discharge of employes. 11- All appointments or 
discharges of assistant superintendents, supervisors, teachers or 
employes which may be made by the superintendent, director 
or librarian, shall be reported in writing to the Board at its 
next regular meeting and shall be subject to the disappoval of 
the Board by four-fifths vote of all its members not later than 
the next succeeding regular meeting of such Board. The vote 
must be by yeas and nays and must be spread in full upon the 



188 SCHOOL LAW OF INDIANA. 

record. Whenever the Superintendent of Schools and the prin- 
cipal or librarian in charge of any building shall, in writing, 
request of the business director the discharge of any janitor, 
engineer or any other employe engaged in or about such build- 
ing, he shall be by such business director dische^rged, subject to 
the right of disapproval by the Board as above provided and 
the right of appeal as provided herein. Any person discharged 
by the superintendent, director or librarian may appeal to the 
Board at its next regular meeting by statement thereof in writ- 
ing, and it shall then be the duty of such Board to consider and 
take a vote upon such dismissal at its next regular meeting. 

190. Director's duties — Bond. 12. The business director 
shall devote his entire time to the duties of his office, and shall re- 
ceive an annual salary not to exceed three thousand dollars, to be 
fixed by the Board, payable monthly out of the fund of the 
school city ; and before entering upon the discharge of the 
duties of his ofiice he shall give a bond for the faithful perform- 
ance thereof in the sum of ten thousand dollars, with not fewer 
than two sureties, of a surety company, to be approved by the 
Board, which bond shall be deposited with the secretary within 
ten days from date of election, and preserved by him. 

191. Auditor of School Board. 13. The City Comptroller 
shall be the auditor of the Board of School Commissioners of 
such school city. He shall keep an accurate account of all 
taxes levied for school purposes, and of all moneys due to, 
received and distributed by the Board ; also of all assets and 
liabilities of, and all appropriations made by the School Board, 
and shall receive and preserve all vouchers for payments and 
disbursements made by the Board. 

192. Warrants. 14. The auditor of the Board shall issue 
all warrants for the payment of money from the school funds, 
but no warrant shall be issued for the payment of any claim 
until such claim has been allowed by the Board and approved 
in writing by the business director; but when the Board has 
authorized the payment of money, notwithstanding his veto, 
the business director shall approve the same. The pay-roll, 



SCHOOL LAW OF INDIANA. 189 

however, for assistants, principals and supervisors in the school 
work and teachers, shall be allowed by the Board and approved 
by the Superintendent of Schools instead of by the director. 

193. Evidence of indebtedness. 15. Whenever the audi- 
tor of said Board shall be called upon to issue any warrant, he 
shall have power to require evidence that the amount claimed 
is justly due and is in conformity with the law, and for that 
purpose he may summon before him any officer, agent or em- 
ploye of the Board, or any other person, and examine him on 
oath or affirmation relative thereto, which oath or affirmation 
he may administer. 

194. Illegal warrant — Liability. 16. If the auditor of 
said Board shall draw a warrant for any claim contrary to law, 
he and his sureties shall be individually liable for the amount 
of the same. 

195. Appropriation necessary. 17. ISTo money shall be 
drawn from the treasury except in pursuance of appropriations 
made by the Board upon an aye and nay vote duly recorded, 
and whenever an appropriation is made hy the Board the secre- 
tary shall forthwith give notice thereof to the auditor and 
treasurer. No appropriation shall be made for a longer period 
than to the end of the current year ending June 30, and at the 
end of such year all the unexpended balances of all appropria- 
tions, except from the tuition fund, shall be covered into the 
special school fund as an addition thereto. 

196. Auditor's report — Bond — Pay. 18. The auditor shall 
submit to the Commissioners annually, and oftener if required 
by them, a report of the accounts of the Board, verified by his 
oath, exhibiting the revenues, receipts, disbursements, assets 
and liabilities, the sources from which the revenues and funds 
are derived, and in what manner the same have been disbursed. 
He shall give bond for the faithful discharge of his duties in 
the sum of five thousand dollars ($5,000), with not fewer than 
two sureties, or a surety company, to the approval of the Com- 
missioners, which bond shall be filed with the secretary. The 
auditor of the said Board shall receive no compensation for his 



190 SCHOOL LAW OF INDIANA. 

services as auditor, but the Board shall provide for the appoint- 
ment of such assistants for such auditor as it shall deem neces- 
sary and fix their compensation, which shall be paid monthly 
out of the school funds; but such assistants shall be appointed 
by the auditor. 

197. Accountants. 19. At the close of each year ending 
June 30, the Mayor of such city shall appoint one or more ex- 
pert accountants, who shall examine the books, accounts. and 
vouchers of the director, the treasurer and of all other depart- 
ments of expenditure of said Board and of the librarian pro- 
vided for herein, and shall make report thereof to the Mayor 
and to the Board of School Commissioners of said city. All 
the officers and employes of said Board shall produce and sub- 
mit to such accountants for examination all books, papers, 
documents, vouchers and accounts in their offices belonging to 
the same or thereto pertaining, and shall in every way assist 
said accountants in their work. In the report to be made by 
said accountants, they may make any recommendations they 
deem proper as to the business methods of such officers and 
employes. A reasonable compensation for such services shall 
be paid by said Board. 

198. Payments to Treasurer. 20. All money payable to 
the Board, shall be paid to the treasurer and his receipt for the 
same shall be filed with the auditor of said Board, who shall 
issue his quietus therefor, which alone shall be sufficient evi- 
dence of such payment. No person except the treasurer shall 
collect or receive any moneys payable to the Board and any 
payments made,-except to such treasurer, and any receipt given 
therefor by any other person shall be void as against the Board. 

199. Contracts, appropriation for necessary. 20. No 

contract, agreement or obligation shall be binding upon the 
Board unless an appropriation therefor shall have been first 
made by it. It shall be unlawful for any Commissioner or 
officer chosen by the Board of School Commissioners in any 
manner, directly or indirectly, to profit by or be interested in 
any contract of said Board, and any person convicted of a vio- 
lation of this section shall be fined in any sum not less than 
one hundred nor more than one thousand dollars and expelled 
from office, 



SCHOOL LAW 01' INDIANA. 191 

200. Contracts to be in writing — Supplies. 22. All con- 
tracts involving more than two hundred dollars ($200.00) in 
amount shall be in writing, executed in the name of the school 
city, by the business director and approved by the Board. 
When money therefor has been appropriated by the Commis- 
sioners, the business director may make contracts and pur- 
chases not exceeding two hundred dollars ($200.00) in amount 
at any one time, but all such contracts shall be reported at its 
next regular meeting to the Board, and if disapproved by a 
four-fifths vote of said Board at its succeeding regular meeting, 
such director shall be responsible therefor upon his bond. No 
purchase of supplies or of materials of any kind shall be made 
from any one person, firm or corporation in any year to 
the amount in the aggregate of more than two hundred dollars 
($200), except upon bids duly advertised for and accepted. The 
Board shall determine the mode and manner of advertising for 
bids for supplies. 

201. Bids for school house. 23. When the Board deter- 
mines to build or enlarge a school house, or make any improve- 
ments or repairs thereon, the cost of which shall exceed five 
hundred dollars ($500), the business director shall advertise 
weekly for bids for a period of three weeks, beginning at least 
twenty-one days before the opening of the bids. The adver- 
tisement shall be inserted in two newspapers of general circula- 
tion in the city, and shall be entered in full in the records 
of the Board. The bids duly sealed shall be presented to 
the Board at the time fixed in the advertisement for bids, at 
which time the Board shall meet and none shall be received 
after that hour, and they shall immediately be opened by the 
business director, be publicly read by the secretary and be im- 
mediately thereafter entered in full in the records of the Board, 
The Board shall provide by general rules the conditions of all 
bids, but none but the lowest responsible bids shall ever be 
accepted. The l)usiness director may, at his discretion, reject 
all bids, and whenever there is an}^ reason to suspect collusion, 
the bids of all concerned therein shall be rejected. If the 
amount of the expenditure does not exceed two thousand five 
hundred dollars ($2,500), two weeks' notice shall be sufficient. 



192 SCHOOL LAW OP INDIANA. 

202. Funding indebtedness. 24. The Board of School 
Commissioners of any such city in which an indebtedness 
exists at the time of the passage of this act of eight hundred 
thousand dollars ($800,000) or more, is hereby authorized and 
empowered to fund such indebtedness to the extent of eight 
hundred thousand dollars, and for that purpose said Board of 
School Commissioners is hereby authorized and empowered to 
issue and sell its bonds in such sums and denominations as such 
Board may deem advisable, to realize moneys with which to pay 
such existing indebtedness ; such bonds to bear interest at not 
exceeding the rate of four per cent, per annum, payable semi- 
annually, to be sold for not less than their par value, and to run 
for a term of not exceeding thirty years from January 1, 1902. 
The maturing of such bonds shall be so arranged that there 
shall mature in each of the ten years, commencing with the 
year 1902, at least the sum of twenty-five thousand dollars, and 
in each of the next ten years the sum of thirty thousand dol- 
lars, and in each of the next ten years the sum of thirty-five 
thousand dollars of the principal of the debt of the said school 
corporation, including in such debt not only such bonded in- 
debtedness, but also any other indebtedness of such school cor- 
poration which may be in existence when this act is passed. 
Such bonds may be issued from time to time as the maturity of 
the present indebtedness may require : Provided, That not 
more than eight hundred thousand dollars of such bonds in the 
aggregate shall be issued, or, if the Board of School Commis- 
sioners shall so determine, such bonds may all be sold at one 
time with the contract upon the part of the purchasers to fur- 
nish at stated future times so much of the proceeds thereof 
as may be desired to take up obligations not then due. ~Eo 
bonds shall be delivered until the money therefor is paid to the 
treasurer of the said school corporation, and interest shall not 
begin to accrue until such delivery. The Board of School 
Commissioners shall, preparatory to offering such bonds for 
sale, give notice for not less than four weeks prior to the date 
fixed for such sale, together with a description of such bonds 
and such offer, and invite bids therefor; such notice to be given 
by advertisement twice each week in at least one daily news- 
paper published in the city of Indianapolis and in one news- 



SCHOOL LAW OF INDIANA. l93 

paper published in the city of ISTew York, and by such other 
advertisements as the Board may determine upon. Such Board 
shall sell such bonds to the highest and best bidder : Provided, 
Said Board shall have the right to reject any and all bids. The 
proceeds arising from the sale of such bonds shall be used for 
no other purpose than the payment of such present indebted- 
ness, and no more bonds shall be_ issued than is necessary for 
that purpose. 

203. Tax levy. 25. The Board of School Commissioners 
in any such city is hereby authorized and empowered to levy 
annually, in addition to other taxes authorized by law a spe- 
cial tax of not exceeding five cents on each one hundred dollars 
of taxable property in the city, for the purchase of grounds and 
the erection and repair of school buildings. The proceeds of 
such tax shall be segregated from other funds of the Board, and 
a separate account of the same shall be kept, and shall not be 
used for any other purpose than the purchase of grounds and 
the erection and repair of school buildings. The said Board is 
also hereby authorized to levy annually, in addition to all other 
taxes authorized by law, and as an addition to its special fund, 
eleven cents on each one hundred dollars of taxable property in 
said city : Provided, hoivever, That any sum levied in any year 
by such Board in pursuance of an act entitled " an act concern- 
ing the education of children," and approved March 8, 1897, 
shall, to the extent of such sum so levied, reduce the power to 
levy the said tax of eleven cents above mentioned : And, pro- 
vided further, That the aggregate sums levied by such Board for 
all purposes shall not in any one year exceed fifty cents upon 
each one hundred dollars of taxable property in such city. 

204. School law in force. 26. The general school laws 
of this State and all laws and parts of laws applicable to the gen- 
eral system of common schools in such, school city and not 
inconsistent herewith, shall be in full force and eft'ectin such city. 

205. Old School Board. 27. The existing Board of School 
Commissioners in any city coming within this act shall continue 
in office until January first, 1900, and any such existing Board 
shall until then exercise all the^powers which it now possesses 

13 — ScH. Law. 



l94 SCHOOL LAW OF InWANA. 

under the legal limitations now existing, and in addition thereto 
it shall have power to make the additional levies herein author- 
ized and to issue bonds as herein provided. When the Board 
herein provided for shall have been elected and qualified, the 
possession, control and management of all property, real and 
personal, including all moneys, books, records, papers and doc- 
uments, and all rights and claims of every kind and nature 
then held by the Board of School CjDmmissioners of such city, 
or by other school authorities, shall vest in and be transferred 
to the Board of School Commissioners hereby created without 
other transfer, to the same extent and with as full interest as 
the same had been theretofore held by the existing Board of 
School Commissioners or other school authorities ; and all valid 
indebtedness and obligations of the existing Board of School 
Commissioners, or of such school city, shall be paid by the 
respective Boards of School Commissioners hereby created, 
and said Boards of School Commissioners are hereby authorized 
to. maintain and defend all suits in the name of the school city 
for which they may be elected. 



Limit of debt. 28. The said Board of School Com- 
missioners shall not have power to create any indebtedness 
other than the funding obligations herein provided for, in excess 
of the sum of twenty -five thousand dollars (|25,000) in the aggre- 
gate, except as in the next section provided and except it shall be 
liable upon its lawful contracts for the ordinary current expenses 
of its schools and library to the persons rendering services or 
furnishing materials Iherefor, when contracts are entered into 
as herein provided in accordance v/ith the law, but said Board 
shall not have any power to borrow money to pay such obliga- 
tions so as to create an indebtedness in excess of said twenty- 
five thousand dollars (|25,000) to others than to such persons so 
rendering services or furnishing materials, and any contract or 
obligation that may be issued in contravention of the provisions 
of this section shall be void. Obligations to persons rendering 
services or furnishing materials to said Board of School Com- 
missioners in the current conduct of such schools and libraries, 
will not be considered as a part of the twenty -five thousand 
dollars ($25,000) indebtedness above authorized. 



SCHOOL LAW OF INDIANA. 195 

207. Purchase of grounds and buildings. 29. Said Board 
of School Commissioners may, notwithstanding the provisions 
of the above section 28, in the manner authorized hy law, make 
contracts for the purchase of grounds for school buildings and 
for the erection of new school buildings, and give its obligations 
therefor or for the money to pay for the same : Provided, That 
the amount of such obligations outstanding at any time shall 
not exceed five cents on the one hundred dollars of all the tax- 
able property of said city as ascertained by the last preceding 
assessment, and any such contract or obligation which would 
cause the aggregate of the outstanding obligations or contracts 
for such purpose to exceed the limits above specified, shall as to 
such excess be void. In estimating the amount of such obliga- 
tions, those obligations Mdiich shall be in force at the time this 
law shall go into eft'ect, or the funding renewals thereof, shall 
not be taken into consideration. 

208. Eminent domain, may exercise. 30. In case the 
compensation to be paid for the purchase of any real estate 
required by said Board for its said school city can not be agreed 
upon or determined between said Board of School Commis- 
sioners and the parties interested in the land desired for school 
sites, then the Board of School Commissioners shall have the 
power of eminent domain, and it shall be its duty to proceed to 
have such compensation determined, and acquire title thereto 
in the manner provided for by sections 4517, 4518 and 4519 of 
the Revised Statutes of 1881. 

209. Removal of Commissioner. 31. Any member of 
the Board of School Commissioners may be removed upon peti- 
tion of ten residents of said city to the Superior or Circuit 
Court of said county in which said city is located, upon proof 
of either oflicial misconduct in ofiice or negligence of otficial 
duties, or of conduct in any manner connected with his official 
duties or otherwise which attaches discredit to such office or the 
school system, or for mental or physical inabilitj^ to perform his 
duty as such member, but before such removal he shall receive 
five days' notice of the filing of such charges, together with a 
copy thereof. Such hearing shall be had promptly and without 
the formation of any issues thereon, but said charges shall be 
regarded as denied, 



196 SCHOOL LAW OF INDIANA. 

210. Levy to pay debts. 32. It shall be the duty of said 
Board of School Commissioners at the regular time for making 
the levy of taxes to make a special levy of an amount sufficient 
to realize the sum by this act required to be paid upon the prin- 
cipal of its indebtedness during the ensuing year, and the pro- 
ceeds of such levy shall be applied to no other purpose than the 
payment of such indebtedneSvS. This levy shall be made as a 
part of the levy now authorized b}^ iaw, and this section shall 
not permit the levy of any additional tax over and above those 
which said Board would otherwise be authorized to levy. 

211. Subsequent censuses. 33. Whenever any city which 
has not now sufficient population to bring it Avithin the purview 
of this act shall, according to any United States census here- 
after taken, have a population of more than one hundred thou- 
sand people, an election of the Board of School Commissioners 
shall be held at the next general city election following the year 
in which such census shall be taken. Such election to be held 
in accordance with the provisions of this act, and this act shall 
then in all respects apply to and govern such city from thence- 
forward. 

1. Note. See Campbell v. City of Indianapolis, 155 Ind. 186; same case, 57 
N. E. Kep. 920. 

ri891, p. 348. Approved and in force March 7, 1891.] 

212. Manual training schools. 1. In all cities of the 
State of Indiana having a population of one hundred thousand 
or over, as shown by any census taken, by lawful authority, it 
shall be lawful for the Board of School Commissioners, or other 
school authorities having charge and management of the com- 
mon schools of said city, to establish in connection with and as 
part of the system of common schools therein, a system of in- 
dustrial or manual training and education, wherein shall be 
taught the practical use of tools and mechanical implements, 
the elementary principles of mechanical construction and me- 
chanical drawing. (R. S. 1894, § 5948 ; R. S. 1897, § 6142.) 

213. Teachers and instruction. 2. Such Board of School 
Commissioners, or other school authorities, upon establishing 
such system of manual or industrial training and education, 



SCHOOL LAW or INDIANA. 197 

shall employ competent instruction in the various subjects to be 
taught, and establish such general rules and regulations for the 
admission of pupils and the conduct of the schools wherein the 
same shall be taught as in their judgment will produce the best 
results, and give instruction to the largest number of pupils 
practicable. They may provide for such instruction in separate 
rooms, or separate buildings, as in their judgment may be most 
advantageous. (R. S. 1894, § 5949 ; E. S. 1897, § 6143.) 

214. Tax to support schools. 3. Any such Board of 
School Commissioners or other school authorities, having de- 
cided to establish such system of industrial or manual training, 
shall have authority, in addition to all other taxes now author- 
ized to be levied, to levy a tax of not exceeding five cents on 
each one hundred dollars of property liable for taxation for 
school purposes, to be levied and collected as other taxes for 
school purposes are levied and collected, for the purpose of pur- 
chasing grounds and erecting buildings, or for renting build- 
ings wherein such instruction shall be given, the purchase of 
all necessary tools, implements and apparatus^ and for the pay- 
ment of instructors and other expenses incident to the main- 
tenance thereof: Provided, That no portion of the taxes so 
levied and collected shall be applied to any other purpose. 
(R. S. 1894, § 5950 ; R. S. 1887, § 6144.) 



CHAPTER XIV. 

SCHOOLS IN CITIES OF 45,000 TO 55,000. 



Sec. 

215. School corporations. 

216. Power of School Board. 

217. Buildings— Bonds. 



Sec. 
■ 218. Special tax. 

219. Proceeds of bonds. 

220. Population. 



[1901, p. 21, Approved February 20,1901. In force May 1901.] 

215. School corporations. 1. All cities of this State having 
a population exceeding forty-five thousand (45,000) and less 
than fifty-five thousand (55,000), according to the last preced- 
ing United States census, have been heretofore and are hereby 
declared to be and are made school corporations for school j)ur- 
poses, separate and distinct from the civil corporations of such 



198 SCHOOL LAW OF INDIANA. 

cities, and shall be known and designated as The School City 

of (naming the city); and the several Boards of School 

Trustees of such cities shall represent and be vested with all the 
authority and powers of such school cities, and with the man- 
agement and control of the common schools thereof. 

216. Powers of School Board. 2. The general school laws 
of this State, and all laws and parts of laws, applicable to the 
general system of common schools in cities, and not inconsist- 
ent therewith, shall be in full force in such cities. And such 
Boards of School Trustees sliall also have and exercise all the 
powers heretofore or hereafter conferred upon the School Trus- 
tees of the same or other cities of the State. 

217. Buildings — Bonds. 3. Such Board of School Trus- 
tees in any such city may purchase land and erect thereon a 
building or buildings for the purposes of a high school and a 
manual training school. For the pur^^ose of raising the neces- 
sary funds to purchase such grounds, and for the erection of 
such buildings, such Board of Trustees may borrow money, 
and from time to time issue and sell the negotiable bonds of 
such school city, in such sums and denominations as to said Board 
may seem advisable, drawing not to exceed four per cent, inter- 
est per annum, payable semi-annually and running such length 
of time, not to exceed twenty years, and payable at such place 
as to said Board may seem best, and the said Board shall have 
the power to refund said bonds, or any part thereof, and to issue 
and sell other bonds, in lieu of those taken up and paid, by issuing 
and selling similar boijds of such city : Prooided, lioivever, That 
the aggregate amount of such bonds outstanding at any time 
shall not exceed one hundred and twenty-live thousand dollars 
($125,000). Such bonds shall be executed by and in the name 

of the Board of School Trustees of (naming the city) by 

the president of the Board, which such Board shall have power 
to adopt and use, and shall be attested by the treasurer or sec- 
retary of such Board, and when so executed and issued, they 
shall constitute an indebtedness of the school city on account of 
and for the benefit of which they are issued, and such school 
city issuing the same shall be liable for and shall assume and 
pay such bonds. 



SCHOOL LAW OP INDIANA. 199 

218. Special tax. 4. Said Boards of School Trustees shall 
have the power to, and shall levy a special tax sufficient to pay 
the interest on such bonds, and to create a sinking fund for the 
payment of the principal thereof, when due: Provided, however, 
That the total tax levied for the pa^aiient of such interest and 
sinking fund, and for the construction and repair of school 
buildings, to provide furniture, school apparatus and fuel, and 
for the payment of other necessary expenses of the schools of 
such city (except for tuition, library and compulsory educational 
purposes), shall not exceed the sum of fifty cents on each hun- 
dred dollars' worth of taxable property and one dollar on each 
poll in such cities in any one year. 

219. Proceeds of bonds. 5. The proceeds of the sale of 
such bonds shall bo paid to the treasurer of said Board of School 
Trustees, to enable such Board to pay for such grounds and 
erect such building or buildings; but before the issue or sale 
of such bonds such treasurer shall make and file with the 
County Auditor a bond, payable to the State of Indiana, in a 
sum not less than the full amount of such bonds to be issued 
and sold, and with security, to be approved by said Auditor, 
conditioned for the faithful and honest application of such 
money to the'purposes for which the same was provided ; and 
such treasurer, and such surety and sureties on such bond, shall 
be liable on a suit on such bond for any waste, misapplication 
or loss of such money in the same manner and to the same ex- 
tent as now provided for waste or loss of school revenue. 

220. Population. 6. Whenever any city which has not 

the requisite population to bring it within the provisions of this 
act shall, according to any United States census hereafter taken, 
have a population of more than forty-five thousand (45,000), 
and less than fifty-five thousand (55,000), then this act shall in 
all respects apply to and govern such city from thence forward. 



200 



SCHOOL LAW OF INDIANA. 



CHAPTER XY. 



SCHOOLS AND SCHOOL HOUSES. 



Sec. 

221. Bible. 

222. Uniformity as to time— Numbering. 

223. Calendar. 

224. Colored children. 

225. Indigent children. 

226. Appropriations for indigent children. 

227. Branches taught. 

228. Effect of alcoholic drinks and narcotics. 

229. Teachers examined concerning. 

230. Failure. to teach effects — Dismissal. 

231. Voters' meetings — School directors. 

232. Other meetings— Powers. 

233. Estimate of expense. 

234. Changing site of school house. 

235. Notice of petition to change. 

236. Misdemeanor. 

237. Doors must swing outward. 

238. Teachers, employment and dismissal. 

239. Teachers' contracts to be in writing. 

240. Blanks to be uniform. 

241. Teachers' daily wages. 

242. Penalty against school officers. 

242a. Terms for which teachers may be em- 
ployed. 

243. Special examination. 



Sec. 

244. Director's duties. 

245. He has charge of the school house. 

246. Visits schools — May exclude pupil. 

247. Appeal to teacher. 

248. Insulting teacher. 

249. Title to school property. 

250. Use of school house. 

251. Use of school house. 

252. School house, when sold. 

253. School house in annexed territory. . 

254. Pay for school house in annexed terri- 

tory. 

255. Donations and bequests. 

256. Majority of voters. 

257. Sale of bonds. 

258. Donations may be made to school cor- 

porations. 

259. Conditional gift. 

260. Income from gifts, how used. 

261. Trustee for gift— Powers. 

262. Identity of gift not to be lost. 

263. Site for schoolhouse—Eminentdomain. 

264. Appraisers. 

265. Appraisement— Payment. 



[1865, p. 3. Approved and in force March 6, 1865.] 

221. Bible. 107. The Bible shall not be excluded from 
the public schools of the State. (R. S. 1881, § 4493 ; R. S. 1894, 
§ 5980 ; R. S. 1897, § 6196.) 

1. Use of the Bible. The Bible, without note or comment, is installed in 
the common schools of Indiana. Its continuance as the moral class book in these 
nurseries of her future citizens will as surely mark the period of her prosperity 
and grace the zenitli of Jier glory, as its exclusion woiild prove the precursor of 
her decline, the herald of her shame. 

2. Teacheh Independen't. Neither the Examiner nor the Trustee should 
ever inquire into the peculiar religious belief of a teacher, yet an Examiner 
should not license an immoral pei'son, nor one who is a scofler at the teachings of 
the Bible and-things sacred. 

Our law, therefore, wisely leaves the whole matter of Bible reading and 
prayers with the good judgment and conscience of the teachers. To obligate 
them by contract to read the sacred Scriptures and hold prayers in their schools 
would be in exceedingly bad taste, if not sacrilegious; to refuse them the right, 
when they, in good faith and conscience, desire to do so, would be the very woi'st 
of tyranny. 

3. Devotional Exercises Can Not Be Enforced. You ask if a rule of the 
Board requiring "the reading of the Scriptures, with devotional exercises," can 
be enforced. As officers you should be governed by the Constitution and statutes 



SCHOOL. LAW OF INDIANA. 



201 



and not by any personal views you may hold. It is true the statute says: "The 
Bible shall not be excluded from the public schools of the Stalt '' But the State 
Constitution also says : 

(1) "All men shall be secured in their natural right to worship Almighty God 
according to the dictates of their own consciences." (K. S. 1881, § 47; E. S. 1894, 
H7; K. S. 1897, §47.) 

(2) "No law shall, in any case whatever, control the free exercise and enjoy- 
ment of religious opinions, or interfere with the rights of conscience." (B. S. 
1881, I 48; E. S. 1894, § 48; E.S. 1897, § 48.) 

(3) "No preference shall be given, by law, to any creed, religious society, or 
mode of worship; and no man shall be compelled to attend, erect, or support any 
place of worship, or to maintain any ministry, against his consent." (E. S. 1881, 
§49; E. S. 1894, § 49; B. S. 1897, § 49.) 

(4) "No religious test shall be required as a qualification for any office of trust 
or profit." (E. S. 1881, § 50; E. S. 1894, § 50; E. S. 1897, § 50.) 

In view of thece provisions of the State Constitution, it seems that the only 
thing the Legislature intended to authorize school authorities to do in section 
4493, is to put the Bible in the School and leave the use of it to the good judgment 
and conscience of the teacher. 

Under the law you are as a corporate body authorized to make and enforce all 
reasonable rules (not in conflict with the Constitution or statutes) for the successful 
conduct of the business entrusted to your care. The statute (section 154 above) 
clearly does not directly authorize such a rule, and I think it does not authorize 
it by implication. Such a rule might " interfere with the rights of conscience" 
either of the teacher, some of the pupils or parents, and it is, therefore, not 
warranted. Clearly the statute and the Constitution authorize the reading of the 
Bible, and prayer in the public schools, but it should be done by choice and not 
by compulsion; and when done it should be done in such a discreet way as not to 
"interfere with the rights of conscience." Complete religious liberty is what the 
Constitution guarantees to every one, and this is what should be aimed at by the 
School Board and the teacher. This thought is aptly expressed in the Constitution 
of Virginia: "It is the mutual duty of all to practice Christian forbearance, love 
and charity toward each other." The School Board should practice forbearance, 
love and charity toward the teacher, the pupils and parents. The opinion of any 
one, in connection witli the school, of whatever religious faith, should be respected 
and held inviolate, as the Board would have its own opinions respected. — Depart- 
ment decision. 

222. ITniformity as to time — Numbering. 14. All schools 
in a township shall be taught an equal length of time, as nearly 
as the same can be done, without regard to the diversity in the 
number of pupils at the several schools, or the cost of the school ; 
and each of said schools shall be numbered, by the proper 

Trustees, as School ^o. . (R. S. 1881, § 4494; R. S. 1894, 

§ 5981 ; R. S. 1897, § 6197.) 

1. - Uniformity. The statute only requires the schools in the townships to be 
taught an equal length of time, as nearly as the same can be done. — Harmony 
School Tp. V. Moore, 80 Ind. 276. See also Maloy v. Madget, 47 Ind. 241. 



202 SCHOOL LAW OF INDIANA. 

223. Calendar. 163. A school term of three months shall 
be sixty days, a school month twenty days, and a school week 
five days. (R. S. 1881, § 4495 ; li. S. 1894, § 5982 ; R. S. 1897, 
§ 6198.) 

[1877, p. 124. Approved and in force March 5, 1877.] 

224. Colored children. 3. The Trustee or Trustees of such 
township, town or city may organize the colored children into 
separate schools of the township, town or city, having all the 
rights, privileges and advantages of all other schools of the 
township, town or city : Provided, That in case there may not 
be provided separate schools for the colored children, then such 
colored children shall be allowed to attend the public schools 
with white children : Provided further, That when any child 
attending such colored school shall, on examination and certifi- 
cate of his or her teacher, show to the Trustee or Trustees of 
any township, town or city, that he or she has made sufficient 
advancement to be placed in a higher grade than that afi;brded 
by such colored school, he or she shall be entitled to enter the 
school provided for white children of a like grade, and no dis- 
tinction shall therein be made on account of race or color of 
such colored child. (R. S. 1881, § 4496 ; R. S. 1894, § 5983; R. 
S. 1897, § 6199.) 

1. State's Power — Separate Schools. The system of common schools in 
this State has its origin in, and is provided for by, the Constitution and laws of 
the State. It is purelj' a domestic institution, and subject to the exclusive control 
of the constituted authorities of the State. The Federal Constitution does not 
provide for any general system of education to be conducted and controlled by 
the federal government, nor does it vest in the Congress any power to exercise a 
general or special supervision over the States on the subject of education. The 
classification of pupils on the basis of race or color, and their education in sepa- 
rate schools, involve questions of domestic policy which are Avithin the legislative 
discretion and control, and does not amount to an exclusion of either class; but 
since the ratification of the fourteenth amendment of the Federal Constitution, no 
system of schools would be general, uniform and equally open to all, as required 
by our own Constitution (K. S. 1881, §182; E. S. 1894, §182; E. S. 1897, §182), 
which did not provide for the education of the colored children. — Corey ■;;. Carter, 
48 Tnd. 327; State v. Gray, 93 Ind. 303; see Lewis v. Henle.y, 2 Ind. 332. 

2. Compulsion. The Township Trustee will not be requii-ed by mandate to 
establish separate schools for colored children, unless it is shown to be practicable. 
—State V. Grubb, 85 Ind. 213; State v. Gray, 93 Ind. 303. 

3. Separate Schools Permitted. The constitutionality of the law for the 
establishment of separate schools for colored and white children is settled. The 
discretion given to school officers to establish separate schools for colored children 



SCHOOL LAW OP INDIANA. ^03 

can not be controlled by the courts, in the absence of malice or corruption, nor can 
the courts compel the admission of a child to a school already overcrowded, nor 
consider the competency of teachers, or the necessity of the graded schools, nor 
determine the grade to which a child is qualified to be admitted. — State v. Gray, 
93 Ind. 303. 

[1881 S., p. 580. Approved and in force April 7, 1881.] 

225. Indigent children. 3. It shall be the duty of each 
matron selected and appointed under the provisions of this act 
to provide the children committed to her care and custody with 
suitable and sufficient food and clothing, and to give them 
proper home training and education ; and, in furtherance of 
this object, she shall send to the common schools in the districts 
most convenient to the place where such children are kept, 
where they shall be received and taught at least three months 
in each year, all of such children under her care as are of the 
proper age to be admitted into such schools, and to give per- 
sonal attention to the instruction of those not of sufficient age 
to be received into such schools. It shall further be her duty, 
at all proper times when such children are not in school, nor 
engaged in study, to engage them in some active labor suited 
to their age and strength, to the end that they may become use- 
ful, industrious and self-supporting citizens. (R S. 1881, § 6105 ; 
R. S. 1894, § 81bl ; R. S. 1897, § 8640.) 

1. School Privileges — Enumeration. Such children are entitled to school 
privileges in the corporation in which the statute establishes their home, and 
should be enumerated accordingly. 

2. Note. See section 839. 

[1885, p. 125. Approved April 2, 1885, and in force July is', 1885.] 

226. Appropriations for indigent children. 1. The Boards 
of Commissioners in the several counties of this State are hereby 
authorized to make suitable appropriations for the education, in 
the common school branches of learning, of the pauper children 
of their respective counties whenever, in the judgment of the 
Board of Commissioners, justice to the school district or dis- 
tricts wherein such pauper children are kept demands such 
assistance; and all expenditures authorized by this act, shall be 
made and paid out of the County Treasury, on warrants drawn 
by the Auditor on the order of the Board of Commissioners : 
Provided, That where there is no provision for a matron, or an 
insufficient number of children to require the services of a ma- 
tron, or the establishment of a separate school for the inmates 



^04 SCHOOL LAW OF liSTDIANA. 

of such asylums, it shall be the duty of the Board of Commis- 
sioners to require the Superintendent of such asylum to send 
such children to the township schools. (R. S. 1894, §6033; 
R. S. 1897, § 6315.) 

[1869, S., p. 40. Approved May 5, 1869, and in force August 16, 1869.1 

227. Branches taught. 147. The common schools of the 
State shall he taught in the English language ; and the Trustee 
shall provide to have taught in them orthography, reading, 
writing, arithmetic, geography, English grammar, physiology, 
history of the United States, and good behavior, and such other 
branches of learning and other languages as the advancement 
of the pupils may require and the Trustees from time to time 
direct. And whenever the parents or guardians of twenty-five 
or more children in attendance at any school of a township, 
town or city shall so demand, it shall be the duty of the School 
Trustee or Trustees of said township, town or city to procure 
efiicient teachers and introduce the German language, as a 
branch of study, in such schools ; and the tuition in said schools 
shall be without charge: Provided, Such demand is made be- 
fore the teacher for said district is employed. (E,. S. 1881, 
§ 4497 ; R. S. 1894, § 5984 ; B. S. 1897, § 6200.) 

1. Trustee's Duty — Mandate. In the Circuit Court of Johnson County 
the plaintiff asked for a writ of mandate to compel the defendants to have their 
children taught algebra and Latin in an ordinary district school. The court 
issued the mandate in regard to algebra, and refused it in regard.to Latin, solely 
on the gi'ound that'the plaintiffs had not made a suitable demand on the Trustee 
in regard to that study, holding that it was his duty to cause Latin to be taught, 
if the attainments of the pupils required it, and that he could be compelled to do 
so by suitable proceedings. The court argued that sections 4497 and 4499 were 
not inconsistent with each other. The intent of the Legislature was that "other 
branches of learning and other languages " should be taught in the public schools 
whenever the pupils therein were sufficiently advanced in the elementary branches, 
and in order that the legislative intent might be made effective two modes of act- 
ing were provided for: (1) The voters were empowered to act. But, lest from 
any cause they failed in their duty and left those entitled to the benefits of the 
public schools without a remedy, then (2) the School Trustee shall act, and, they 
being public officers, could be compelled by the courts to perform their duty in 
case they neglected to do the same. — Grubbs v. Williams, Johnson Co., 1880. 

2. Additional Studies. It has been asked whether it is the duty of School 
Trustees to provide a course of study adapted to the preparation of pupils for col- 
lege. The question should be answered in the affirmative. It is fair to assume 
that the Trustees must provide suitable instruction for all the children wno have 



SCHOOL LAW OF INDIANA. 205 

a right to attend school ; that is, they must afford them such instruction as their 
attainments demand. If a child has mastered all the primary branches, and being 
less than twenty-one years of age, still desires to attend schools, the Trustees must 
provide suitable instruction for him. It is not reasonable to expect him to spend 
further time on branches which he has mastered. The fact that the law permits 
children to attend school until they are twenty-one years of age is presumptive 
proof that the Trustees may be required to furnish such instruction as is suitable 
to their attainments till they reach that age. I think the argument here adduced 
equally applicable to Trustees in cities as to those in townships, as the language 
of the statute applies to both alike. 

3. Music. The trustees may require all pupils to study music, to provide 
themselves with a certain kind of music books, and may prohibit the attendance 
of any pupil that refuses to comply with such requirement. — State v. Webber, 
108 Ind. 31. 

4. License fob Teachers of Special, Subjects. When a teacher is em- 
ployed to teach special subjects, he should be examined only on the subjects he is 
required to teach. 

5. Statute Constkukd. The words " any school" means any place where a 
public school is taught, with its complement of teachers and scholars. — City of 
Indianapolis v. State ex rel. Sander, 129 Ind. 14. 

6. German Must be Taught When Demand is Made. Where the requisite 
demand is made for the teaching of German in a certain school of the city, the 
requirement of the statute is not met by providing that the language shall be 
taught in another school of the city when the pupils have reached a certain grade ; 
but it must be taught in the particular school where the demand is made. And 
the Board can not set up a lack of funds as an excuse for their refusal to intro- 
duce the study of German, where it appears that studies not named in the statute 
as required studies are taught at an expense greater than would be necessary for 
the teaching of German. — Board of School Commissioners of the City of Indian- 
apolis V. State ex rel. Sander, 129 Ind. 14. 

[ 1895, p. 375. Approved March 14, 1895. In force June 28, 1895.1 

228. Effect of alcoholic drinks and narcotics. 1. The 

nature of alcoholic drinks and narcotics and their eiFects on the 
human system in connection with the subjects of physiology 
and hygiene, shall be included in the branches to be regularly 
taught in the common schools of the State and in all educa- 
tional institutions supported wholly or in part by money re- 
ceived from the State ; and it shall be the duty of the Boards 
of Education and boards of such educational institutions, the 
township trustees, the Board of School Trustees of the several 
cities and towns in this State to make provisions for such in- 
struction in the schools and institutions under their jurisdiction, 
and to adopt such methods ^s shall adapt the same to the 
capacity of the pupils in the various grades therein ; but it shall 



206 SCBOOL LAW OF XNDIAlSfA. 

be deemed a sufficient compliance with the requirements of this 
section if provision be made for such instruction orally only, 
and without the use of text-books by the pupils. (R. S. 1897, 
§ 6201.) 

229. Teachers examined concerning. 2. ^t^o certificate 
shall be granted to any person (on) or after the first day of 
July, 1895, to teach in the common school or in any educational 
institution supported as aforesaid who does not 'pass a satisfac- 
tory examination as to the nature of alcoholic drinks and nar- 
cotics and their efiects upon the human system. (R. S. 1897, 
§ 6118.) 



Failure to teach effects — Dismissal. 3. Any Super- 
intendent or Principal of, or teacher in any common school or 
educational institution supported as aforesaid who willfully re- 
fuses pr neglects to give the instruction required by this act 
shall be dismissed from his or her employment. (R. S. 1897, 
§ 6202.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

231. Voters' meeting — School Director. 25. The voters 
shall meet, annually, on the first Saturday in October, and elect 
one of their number Director of such school ; who shall, before 
entering upon duty, take an oath faithfully to discharge the 
same. The Director so elected shall, within ten days after said 
election, notify the Trustee of his election ; and, in case of fail- 
ure to elect, the Trustee shall forthwith appoint a Director of 
said school. But any Director so appointed may be removed, 
upon a petition of three-fourths of the persons attached to said 
school who are entitled- to vote at school meetings. (R. S. 1881, 
§ 4498 ; R. S. 1894, § 5985 ; R. S. 1897, § 6203.) 

1. Voters at School Meetings. Voters at the school meetings of a district 
are all taxpayers, male and female, except married women and minors, who have 
been listed as parents, guardians or heads of families, and attached to such dis- 
trict. Taxpayers are those persons who are liable to pay taxes, either poll or upon 
property. Any voter at the school meeting, a woman if unmarried, is eligible to 
the office of Director. 

Transferred persons are voters in the district to which they are attached. 
Persons who have moved into the district since the enumeration are voters. 

2. Officers— Elected and Appointed. It is only elected officers that hold 
until their successors are elected and qualified. An appointee to fill a vacancy 
can only serve out the unexpired term. 



SCHOOL LAW OF INDIANA. 207 

3. Listed AND Attached. To be "listed as parents, guardians or heads of 
families" means that the Trustee in taking the enumeration listed them, that is, 
put them on the enumeration list or report, and " attached," that is, assigned 
them to a certain district for school purposes. 
j 4. This section has no application to incorporated towns and cities. — City of 
Crawfordsville v. Hays, 42 Ind. 200. 

\ 

' [1873, p. 68. Approved and in force March 8, 1873.] 

232. Other meetings — Powers. 26. The voters at school 
meetings may hold other school meetings at any time upon the 
call of the Director or any live voters. Five clays' notice shall 
be given of such meeting, by posting notices in five public places 
in the vicinity ; but no meeting shall be illegal for want of such 
notice, in the absence of fraud ; and the legality of such pro- 
ceedings, if called in question, shall be determined by the Trustee 
of the township, subject to an appeal to the County Superin- 
tendent, whose decision shall be final. Such school meetings 
shall have power to determine what branches, in addition to 
those mentioned in section thirty-four of this act [§74], they desire 
shall be taught in such school, and the time at which such school 
shall be taught : Provided, however, That the tuition revenue 
apportioned to the school shall be expended within the school 
year for which it was apportioned : Provided, further, That such 
school year shall begin on the first Monday of July. Such school 
meetings shall likewise have the power to fill vacancies that 
may occur in the ofiice of Director ; to direct such repairs as 
they may deem necessary in their school house ; to petition the 
Township Trustee for the removal of their school house to a 
more convenient location, for the erection of a new one, or the 
sale of an old one and the lands belonging thereto, and upon 
any other subject connected therewith ; and at such meetings 
all taxpayers of the district shall be entitled to vote, except 
married women and minors : Provided, That nothing herein 
contained shall prevent the Trustee from exercising a sound 
discretion as to the propriety or expediency of making such 
repairs, removing or erecting school houses, and the cost thereof. 
(R. S. 1881, § 4499 ; R. S. 1894, § 5986 ; R. S. 1897, § 6204.) 

1. School Meetings in Cities. The machinery of school meetings and 
School Directors is unprovided for and unknown in cities and towns. — City of 
Crawfordsville v. Hays, 42 Ind. 200. 



208 



SCHOOL LAW OF INDIANA. 



2. Appeal, to County Superintendent — Location of School House. An 
appeal lies in the matter of locating a school house from the decision of the Town- 
ship Trustee to the County Superintendent, and the decision of the Superintend- 
ent is final, although not entered in the Superintendent's record until after it is 
made. On such an appeal the Superintendent may affirm or revoke the decision 
of the Trustee to build or not build at a certain place ; but he can not direct that 
the school house be built in an entirely different place. — Knight v. Woods, 129 
Ind. 101. 

3. Ownership of Land. A Township Trustee can not, by mandate, be 
required to locate and build a school house on land that does not belong to the 
township, notwithstanding the County Superintendent, on an appeal from his 
decision, has rendered a judgment requiring him to erect a school house on said 
land. It is not enough that a petition by certain inhabitants of the proper school 
district to the Trustee, praying for such location and building, states that the land 
will be deeded to the township on the acceptance of the location by the Trustee 
and his order to build. — Koontz v. State, 44 Ind. 323. 

4. Appeal — Eeversal — Location — Private Buildings. On appeal, a 
County Superintendent reversed the decision of the Trustee, locating a school 
house. Again, on appeal, he reversed another decision by such Trustee, refusing 
to locate the school house at a place designated by the Superintendent in his first 
reversal. Thereupon the Trustee located the house at an entirely different place, 
but near (150 yards from) where he had first located it. The court decided that 
he could not be prohibited from locating the school house at the place last chosen, 
and that the' County Superintendent can not make the location, and that his 
decision on appeal is final only for the time. — State v. Mewhinney, 67 Ind. 397. 
(This case overrules Trager v. State, 21 Ind. 317, and State v. Custer, 11 Ind. 210, 
on this point.) 

5. Private Schools. The facts in this case were that the legal voters and 
patrons of school district No. 16 held a meeting, and by resolution requested the 
Township Trustee to fit up an additional school room and procure a teacher for 
said room. The Trustee declined to comply, and an appeal was taken to the 
County Superintendent, who reversed the Trustee's decision. This action was-by 
mandate to compel the Trustee to comply with the request. The Trustee answered 
that the land whereon the said school had been conducted did not belong to the 
township, but was individual property, which had not been leased or otherwise 
secured by the township; that said district never had a school building; that 
other schools had been established, and an arrangement made to accommodate 
the children of No. 16, which had been abolished. The complaint, it was decided, 
stated no cause of action. The statutes permitting the voters to hold school meet- 
ings and direct the repairs, etc., of the school buildings has only reference to 
public schools. The statute has no reference to private schools, nor to jDrivate 
buildings of any kind not leased to the township for school purposes. Where the 
voters direct repairs to be made elsewhere than the public school building, the 
Trustee has no right to obey, and the decision of the County Superintendent 
otherwise is a nullity. The Trustee had authority to abolish No. 16 and provide 
other educational facilities for the children thereof. State v. Sherman, 90 Ind. 
123; Tufts V. State, 119 Ind. 232. 

6. Decision of County Superintendent Final. The decision of the 
County Superintendent is final as to the location selected by the Trustee. — Knight 
V. Woods, 129 Ind. 101. See note 2. 



SCHOOL LAW OF INDIANA. 209 

7. Notice is Jurisdictional. Until the notices provided for have all been 
given and posted as required, giving the time, place and purpose of the meeting, 
the meeting will be illegal. 

8. Plurality Will Control. In this country it is generally understood 
that, in the absence of any statutory provision expressly requiring more, a 
plurality of the votes cast will elect. 

9. Discretion of Trustee. The question as to where a township school 
house shall be located, is left to the discretion of the School Trustee. — Braden v. 
McNutt, 114 Ind. 214. 

10. Kemoval — Statute Repealed. So much of the above statute as relates 
to the relocating or removal of a school house has been repealed by sections 233, 234 
and 235. 

[1865, p. 3. Approved and in force Marcli 6, 1865.] 

233. Estimates of expenses. 27. When such meetings shall 
petition the Trustee in regard to repairs, removal or erection 
of a school house, they shall also furnish to such Trustee an 
estimate of the probable cost of such repairs, removal or erec- 
tion. (R. S. 1881, § 4500 ; R. S. 1894, § 5987 ; R. S. 1897, § 6205.) 

1. Petition of Patrons. A petition for the location, etc., of a school house 
may be signed and presented to the Trustee, and an appeal taken therefrom, 
although such petition did not originate, nor was it signed, at a school meeting. — 
Trager v. State, 21 Ind. 317. 

2. Subscription — Liability. Where citizens of a school township petition 
for the location of a school district and the erection of a school house therein, 
designating the size of the house, location, etc., and subscribing sums of money to 
aid in its construction, to be paid when the walls are erected to the square, and 
the subscription is accepted by the Trustee, before the amounts subscribed can be 
recovered, the school township must substantially comply with the terms of the 
subscription. — Suit v. Wai-ren School Township, 8 Ind. App. 655. 

3. Injury to Pupil by Reason of Defect in School House. Neither a 
school city, town nor township is liable to a pupil (or any other person) for an 
injury occasioned by a defect in a school house, although such defect could have 
been repaired and the injury prevented. — Freel v. School City of Crawfordsville, 
142 Ind. 27. 

[1893, p. 17. Approved February 7, and in force May 18, 1893.] 

234. Changing site of school house. 1. Whenever it 
becomes necessary for the Trustee of any township in this State 
to change and re-establish the site of any school building and 
remove said building to a new site and location therefor, such 
Trustee shall first present to the County Superintendent of 
Schools of the county in which such township is situated, a 
petition setting forth therein the place and particular point to 
where it is desired to change and relocate the site of any such 
building, and to remove the same thereto, together with a brief 

14 — ScH. Law. 



210 SCHOOL LAW OF INDIANA. 

statement of the purposes and reasons for such proposed change 
of location of said school building, and upon such petition shall 
first procure an order from such County Superintendent, author- 
izing him to change the site and location of such school build- 
ing, and remove said building to its new site and location : 
Provided, That said petition shall be signed by said Trustee and 
the majority of the patrons of the school where said building 
is located, and satisfactory proof shall be made to said County 
Superintendent that the persons signing said petition constitute 
a majority of the patrons of said school. (R. S. 1894, § 5920 a; 
R. S. 1897, § 6219.) 

1. Discontinuing. This and the next section have no reference to the dis- 
continuance of a school in a certain district on account of the small attendance 
of pupils. — Davis v. Mendenhall, 150 Ind. 205. If a Trustee, acting in good 
faith, discontinue a school when the attendance is less than twelve, his decision 
will not be reviewed by the county, and he can not be compelled to reinstate it. 
Tufts V. State, 119 Ind. 232; State y. Sherman, 90 Ind. 123. 

2. DiscKETiON OF Tkustee. The Trustee no longer has any discretion in 
the removal and relocation of a school. Kessler ■;;. State, 146 Ind. 221. 

3. New School-House in New Location. The above section also applies 
to the building of a new school-house in a new location. Kessler v. State, 146 
Ind. 221. 

4. Redistricting Township. The above section does not prevent the Town- 
ship Trustee redistricting his township for school purposes, nor abolishing school 
districts, when no new school-houses are built, or the sites of those already exist- 
ing in districts not abolished, are not changed. State v. "Wilson, 149 Ind. 253. 

5. Majority Must Sign. A majority of the patrons must sign the petition, 
or the action of the County Superintendent will be void. Carnahan v. State, 155 
Ind. ; same case, 57 N. E. Rep. 717. 

6. Petitioner Signing Protest Against Change. If a petitioner for a 
change signs a protest against such change, he thereby withdraws his name from 
the petition. Carnahan v. State, 155 Ind. 156; same case, 57 N. E. Rep. 717. 

235. Notice of petition to change. 2. Before such 
County Superintendent shall grant such order such Trustee 
shall make and file with said Superintendent his afiidavit that 
he has caused notice to be given of such petition, the purposes 
thereof, the place of the change of location of such school 
building, and the time when the same will be presented to the 
said County Superintendent by posting notices in not less than 
five public places in his township, three of which shall be in the 
immediate neighborhood from where such school building is to 
be removed, at least twenty days prior to the time when the 
same is to be heard by said County Superintendent. (R. S. 1894, 
§ 5920b; R. S. 1897, § 6220.) 



SCHOOL LAW OF INDIANA. 211 

236. Misdemeanors. 3. The Trustee of any township 
in this State violating the provisions of this act shall be guilty 
of a misdemeanor, and, upon conviction thereof, shall be fined 
in any sum not less than fifty nor more than five hundred dol- 
lars. (R. S. 1894, § 5920c; R. S. 1897, § 6221.) 

L1891, p. ni. Approved and in force March 5, 1891.] 

237. Doors must swing outward. 243. Whoever, being 
the owner, manager, lessee, trustee, or person having the charge 
of any theater, opera-house, museum, college, seminary, church, 
school-house, or other public building, refuses or neglects to 
cause all the doors thereof, constructed for the purpose of in- 
gress and egress, whether inner or outer doors, to be so hung 
that the same shall swing outwardly, shall be fined in any sum 
not exceeding one thousand dollars nor less than ten dollars, 
to which may be added imprisonment in the county jail for any 
period not exceeding six months : Provided, That this section 
shall not apply to the outer doors of one-story churches and 
school houses. (R. S. 1894, § 2276; R. S. 1897, § 2312.) 

1. Fire Escapes. An act of 1899 now provides "that every building now 
or hereafter used, in whole or part, as * * a school house * * shall be pro- 
vided with proper ways of egress or means of escape from fire, sufficient for the 
use of all persons accommodated [or] assembled, and such ways of egress and 
means of escape shall be kept free from obstruction, in good repair and ready for 
use at all times, and all rooms above the second story in such buildings shall be 
provided with more than one way of egress or escape from fire, placed as near as 
practicable at opposite ends of the room, and leading to fire escapes on the outside 
of such building or to stairways on the inside provided with proper railings. All 
external doors subject to the provisions of this section shall open outward, and all 
windows open outward or upward. No portable seats shall be allowed in the 
aisles or passageways of such buildings during any entertainment or service held 
therein." Buildings three stories in height must have fire escapes on the outside. 
—Acts 1899, p. 473. 

[1883, p. 30. Approved February 27, 1883, and in force June 5, 1883.] 

238. Teachers, employment and dismissal. 28. Trus- 
tees shall employ no person to teach in any of the common 
schools of the State of Indiana, unless such person shall have a 
license to teach, issued from the proper State or county author- 
ity, and in full force at the date of the employment. Any 
teacher who shall commence teaching any such school without 
a license, shall forfeit all claim to compensation out of the school 
revenue for tuition for the time he or she teaches without such 



212 SCHOOL LAW OF INDIANA. 

license ; but if a teacher's license shall expire by its own limita- 
tion within a term of employment, such teacher may complete 
such term of employment within the then current year. The 
said Trustee shall not employ any teacher whom a majority of 
those entitled to vote at school meetings have decided at any 
regular school meeting, they do not wish employed ; and at any 
time after the commencement of any school, if a majority of 
such voters petition such Trustee that they wish the teacher 
thereof dismissed, such Trustee shall dismiss such teacher, but 
only upon due notice, and upon good cause shown ; but such 
teacher shall be entitled to pay for services rendered. (R. S. 
1894, § 5988; R. S. 1897, § 6206.) 

1. LiCE^^SE Essential. A valid contract for the teaching of a public school 
can not be made by a Trustee with one who, at the time, has no license to teach 
in the county, and the subsequent procurement of a license does not validate the 
contract. — Butler v. Haines, 79 Ind. 675. And a person can neither recover com- 
pensation for services rendered as teacher, nor damages for breach of contract for 
such services, unless he was licensed to teach as prescribed by the statutes. — 
Jackson School Township v. Farlow, 75 Ind. 118. See also Harrison Township v. 
Conrad, 26 Ind. 337, and Putnam v. School Town of Irvington, 69 Ind. 80. In a 
suit against the school corporation for services rendered or to be rendered, it 
must be stated in the complaint that the teacher had a license to teach when he 
rendered the services or entered into the contract. — Bedford, etc., Co. v. McDonald, 
12 Ind. App. 621. 

2. Teachers' Contracts. A contract to teach school, which is left blank in 
respect to the terms of employment, and contains no stipulation as to how the 
blanks shall thereafter be filled is not binding; but if treated as a contract of em- 
ployment for an indefinite time the damages for its breach would be nominal 
only. — Atkins t>. Van Buren School Township, 77 Ind. 447; Marion School Town- 
ship V. Carpenter, 12 Ind. App. 191. 

The fact that a Trustee has no funds is no defense to a teacher's claim for 
compensation, nor an excuse for refusing to allow him to complete his term of 
employment. — Harmony School Township v. Moore, 80 Ind. 276. 

The court, after a failure to make the money on execution, may order the 
judgment in favor of the teacher to be paid out of the school funds of the town- 
ship in the county treasury. — Town of Milford v. Simpson, 11 Ind. 520. 

A teacher of a common school is entitled to compensation, if failure to actu- 
ally conduct the school each day of the term was caused by the act or omission 
of the school authorities ; and where the evidence shows that a strict performance 
by the teacher of the conditions of the contract has been prevented or waived by 
such act or omission, a recovery can not be defeated by such failure. — Charles- 
town School Township v. Hay, 74 Ind. 127. 

To recover for his services, the teacher must sue the school township, and not 
the civil township. — Harrison Township v. McGregor, 67 Ind. 380. If the con- 



SCHOOL LAW OP INDIANA. 213 

tract be with the "Township Trustee," the contract may be reformed by alleging 
and proving that it was with the school township, and when so reformed it may 
be enforced.— Sparta School Tp. v. Mendell, 138 Ind. 188. 

If the number of days to be taught be left blank, the actual number agreed 
upon may be shown by oral evidence, in a suit on the contract for a breach of its 
terms. — Marion School Tp. v. Carpenter, 12 Ind. App. 191. 

3. Signing Contract. Where a School Board in session passed, and en- 
tered of record, an order employing a teachei-, this was a valid employment, and 
the subsequent signing by the Trustees at different times can not affect it. — School 
Town of Milford v. Zeigler, 1 App. 138. . 

4. Protest Against Teacher. A protest against a teacher, to be binding, 
must be made at a school meeting regularly called and conducted according to 
law before the employment of the teacher, and by a majority of all the persons 
entitled to a vote at such meeting, not merely a majority of those present. The 
persons entitled to vote at the school meeting of a district are all tax payers, male 
and female, except married women and minors, who have been listed by Trustees 
as parents, guardians, or heads of families, and attached to such district. 
(§ 231 n. 1.) The patrons are by law entitled to protest against the employment of 
any teacher. It is the Trustee's duty to allow them an opportunity to make their^ 
protest in the manner provided by law, and, if he is notified that a school meeting 
will be called for that purpose, any contract he may make with a teacher will be 
subject to the action of such meeting. Patrons are not empowered to select teach- 
ers (§108, n. 2), and they can not effect a selection indirectly by protesting against 
all the world except a certain person. The protest must name definitely the per- 
son or persons againstwhom.it is directed. 

5. Dismissal of Teachers. A teacher employed for a definite time may be 
discharged for incompetency ; but if he is competent, and is, in all things, fulfill- 
ing his contract, he can not be, without his consent. — School City of Crawfordsville 
V. Hays, 42 Ind. 200. But when the teacher is improperly discharged, the school 
corporation, not the Trustees personally, is liable. — Morrisons. McFarland, 51 Ind. 
206 ; Butler v. Haines, 79 Ind. 675. If a teacher be employed to teach a particular 
school, and he is not permitted to do so, it is no defense in a suit for a breach of con- 
tract, that he was offered another school in the same township, unless it be shown 
that the conditions and number of children at the latter were such that it would cer- 
tainly not be discontinued before the other. — Sparta School Tp. v. Mendell, 138 
Ind. 188. 

This in the language of the Supreme Court, and, although made with refer- 
ence to a city, is an enunciation of the common law principal, and is, I think, ap- 
plicable to the case of dismissal of a teacher by a Township Trustee, without a 
petition from the patrons. If the teacher breaks the contract, it seems to me that 
the Trustee should not be bound by it. The law requires the Trustee to investigate 
charges made against a teacher by a majority of the voters of the district, but it is 
held that he may investigate charges made by any number of responsible patrons. 
The decision of the Supreme Court, upon an analagous question, in Thager v. 
State, 21 Ind. 317, justifies this opinion. 

6. Holidays. Recognized holidays can not be deducted from the time for 
which a school teacher contracts to teach, and his pay reduced accordingly. He 
is entitled to pay for such days, even though he does not teach. 



214 SCHOOL LAW OP INDIANA. 

7. In Cities and Towns. The latter part of this section (concerning the 
power of school meetings and the employment and discharge of teachers) has no 
application to cities and incorporated towns. But if. in such cities and towns, the 
teacher he incompetent, or fail in the duties of teacher, he may he dismissed by 
the School Trustee.— School City of Crawfordsville v. Hays, 42 Ind. 200 ; Put- 
nam V. School Town of Irvington, 69 Ind. 80. 

8. Unlicensed Person May Kecover Keasonable Wages. If a Trustee 
permits an unlicensed person to begin teaching, and pays such person out of the 
tuition revenue, the amount so paid may be recovered by any person interested. 
County Commissioners should allow no credit for money so paid. But a person 
so permitted to teach may enforce the payment of reasonable compensation from 
the Trustee as an individual.— Morrison v. McFarland, 51 Ind. 206. 

9. Contract Must ;Kot Conflict with Law. A contract with a teacher 
must not conflict with the law in any particular.— Atkinson v. Allen, 29 Ind. 375; 
Raferti). Scroggins, 40 Ind. 195; Spears v. Wood, 48 Ind. 541. A teacher con- 
tracts with reference to the statute.— Owen School Township v. Hay, 107 Ind. 351. 

10. Epidemics— No Eeductions from Teachers' Salary for Time Lost by 
Eeason op. Small-pox is not actus Dei in such a sense as to excuse a school dis- 
trict from liability on a contract with a teacher, the performance of which the 
district has prevented by closing the school. The act of God which will release 
one from the obligation of a contract is one which renders its performance im- 
possible.— School Town of Carthage v. Gray, 10 Ind. App. 428. 

11. —Contract with De Facto Board Binding Unless Fraud is Proven. 
When Trustees, with the acquiescence of the town, continue to act as such, after 
the expiration of their term and before their successors are appointed, they are 
officers de facto, and their contract with a teacher is binding. Such contract can 
not be assailed by their successors subsequently appointed, when it is not alleged 
and proven that the teacher was a party to the fraud to forestall them.— School 
Town of Milford v. Zeigler, 1 Ind. App. 138. 

12. Employment of Teacher. A finding that the plaintiff was employed 
as a teacher by K., who was at the time Trustee of the township, sufficiently 
shows that the employment was by the School Trustee, the Township Trustee be- 
ing ex officio School Trustee.— White v. Kellog, 119 Ind. 320. But this would not 
be so of incorporated towns, as they have a Board of Civil Trustees and a Board 
of School Trustees. 

13. Abolishing Department Does Not Affect Contract. A teacher is not 
discharged by abolishing the department in which he is engaged, or removing him 
to another and lower grade.— School Town of Milford v. Zeigler, 1 Ind. App. 138; 
27 N. E. Eep. 303; White v. Kellogg, 119 Ind. 320. 

14. Cash Advanced to Teachers. A Township Trustee who, in good faith, 
employs necessary and proper teachers, and when it is unexpectedly found that 
the public funds provided are insufficient to pay them in full, advances the deficit 
out of his own money, has a demand against the school township which he may 
recover.— Kiefer v. Troy ScTiool Township, 102 Ind. 279. 

15. Injunction to Restrain Execution of Contract. A Board of School 
Trustees can not be enjoined from violating its contract with a person for his per- 
sonal services as a teacher.— Sehwier v. Zetike, 136 Ind. 210. 



SCHOOL LAW OF INDIANA. 215 

16. Slander— Charge that Teacher is Cruel. A Couuty Superintendent 
and a Township Trustee are not liable for falsely charging a teacher with cruelty, 
incompetency and neglect in the exercise of his duties, if they act in good faith. 
— Branaman v. Hinkle, 137 Ind. 496. 

17. Dismissal Without Cause. School Trustees can not dismiss a teacher 
without cause, even before the commencement of the term of service specified in 
the contract under a provision in such contract that the employment is subject to 
the right of the Trustee to remove the teacher at any time upon notice first given. 
—School City of Lafayette v. Bloom, 17 Ind. App. 461. 

18. Vote op District Not to Employ. If the patrons of a district at a law- 
ful school meeting vote that a certain person shall not be employed, the Trustee 
can not thereafter employ such person ; and he may be enjoined and prevented 
from entering into a contract with him. If an appeal be taken to the County 
Superintendent on such question, his decision will bind the Trustee.— O'Brien v. 
Moss, 131 Ind. 99. 

[1899, p. 173. Approved February 28, 1899; in force April 28, 1899.] 

239. Teachers' contracts to be in writing. 1. All con- 
tracts hereafter made by and between teachers and school cor- 
porations of the State of Indiana shall be in writing, signed by 
the parties to be charged thereby, and no action shall be brought 
upon any contract not made in conformity to the provisions of 
this act. 

1. Former Law. Until this law was adopted, a verbal contract was valid. 
—Jackson School Township v. Sherer, 8 Ind. App. 330. 

2. Note. See Sec. 230, note 2. 

240. Blanks to be uniform. 2. For the purpose of car- 
rying this act into effect the School Trustees of the several 
school corporations of this State shall provide a public record 
of uniform blank contracts to be carefully worded under the 
direction of the Superintendent of Public Instruction, and 
cause such contracts to be signed therein, which record shall be 
deemed a public record, open to inspection by the people of 
their several school corporations. 

[1901, p. 561. Approved March 12, 1901. In force May, 1901.] . 

241. Teachers' daily wages. 1. The daily wages of teach- 
ers for teaching in the public schools and attending county and 
township institutes shall not be less than an amount determined 
by multiplying two and one-half cents (2J cents) by the general 
average of scholarship and success given the teacher on his 



216 SCHOOL LAW OF INDIANA. 

highest grade of license at the time of contracting : Provided, 
That only the general average of scholarship shall h'e used in 
determining the wages of beginning teachers. 

242. Penalty against school officers. 2 School officers 
who shall be adjudged guilty of violating any of the provisions 
of this act shall be lined in any amount not exceeding one hun- 
dred dollars (flOO) for each offense. 

[1893, p 34. Approved and in force February 17, 1893.] 

242a. Terms for which teachers may be employed. After 
the passage of this act it shall be unlawful for any Township 
Trustee to contract with any teacher to teach in any common 
school if the actual term of service of such teacher under such 
contract does not begin before the expiration of the term of 
office of such Trustee. Every contract made in violation of the 
provisions of this section shall, as to the township represented 
by such Trustee, and the school fund thereunto belonging, be 
absolutely void ; but such Trustee shall be personally liable to 
such teacher for all services rendered under such contract, and 
for all damages which he may sustain by reason thereof. (R. S. 
1894, § 5989 ; R. S. 1897, § 6207.) 

1. Contract of Predecessor. A School Trustee can not ignore his prede- 
cessor's contract because of mere formal and technical errors. — Sparta School 
Tp. V. Mendell, 138 Ind. 188. 

2. Contracts Before 1893. Prior to the passage of the above section a 
contract by a i-etiring Township Trustee was valid, although the term of school 
did not begin until after such Trustee's successor had come into his office. — School 
Town of Milford v. Zeigler, 1 Ind. App 138; Keubelt v. School Town of Nobles- 
ville, 106 Ind. 478; Litten v. Wright School Tp., 1 Ind. App. 92. As to sufficiency 
of a complaint in an action by a teacher for pay for his services, see School Town 
of Kochester v. Shaw, 100 Ind. 268, and Owen School Tp. v. Hay, 107 Ind. 851. 

[1865, S., p. 143. Approved and in force December 20, 1865.] 

243. Special examination. 35. If the persons attached to 
and forming a school district have, at their school meeting, 
designated other or a less number of branches of learning than 
those in section thirty-four of this act (§77) mentioned, which 
they desire to have taught in their school, the Trustee, in 
employing a teacher for said school, shall require said teacher 
to be examined as to his qualitications to teach the branches 



SCflOOti LAW OF IJJDIANA. ^17 

of learning required by said school meeting. (R. 8. 1881, § 4502 ; 
R. S. 1894r§ 5990 ; R. S. 1897, § 6208.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

244. Director's duties. 29. The Director of each school 
shall preside at all meetings of the inhabitants connected 
therewith, and record their proceedings. He shall also act as 
the organ of communication between the inhabitants and the 
Township Trustee. (R. S. 1881, § 4503 ; R. S. 1894, § 5991 ; R. S. 
1897, § 6209.) 

245. He has charge of the school house. 30. He shall 
take charge of the school house and property belonging thereto, 
under the general order and concurrence of the Trustee, and 
preserve the same ; and shall make all temporary repairs of the 
school house, furniture and fixtures, and provide the necessary 
fuel for the school, reporting the cost thereof to the Trustee for 
payment. (R. S. 1881, § 4504; R. S. 1894, § 5992; R. S. 1897, 
§ 6210.) 

1. Possession of House. We think the Trustee has charge and possession 
of the school house, for although the Director has the charge for certain purposes, 
he acts under the order and concurrence of the Trustees. — Hurd v. Walters, 48 
Ind. 148. 

246. Visits school — May exclude pupils. 31. He shall 
visit and inspect the school, from time to time, and, when nec- 
essary, may exclude any refractory pupil therefrom; but the 
exclusion of any pupil from the school for disorderly conduct 
shall not extend be^^ond the current term, and may be, in the 
discretion of the Director, for a shorter period. (R. S. 1881, 
§ 4505 ; R. S. 1894, § 5993 ; R. S. 1897, § 6211.) 

1. Teacher's Power as to Discipline. The law is well settled, as it seems 
to us, that the teacher has the right to exact from his pupils obedience to his 
lawful and reasonable commands, and to punish disobedience. In a recent Wis- 
consin case it was well said: "In the schools, as in the family, there exists on 
the part of the pupils the obligations of obedience to lawful commands, subordina- 
tion, civil deportment, respect for the rights of other pupils, and fidelity to duty. 
These obligations are inherent in any proper school system, and constitute, so to 
speak, the common law of the school. Every pupil is presumed to know this law, 
and is subject to it, whether it has or has not been reenacted by the District Board 
in the form of written rules and regulations." — DanenhofFer v. State, 69 Ind. 295. 



218 SCHOOL LAW OF INDIANA. 

2. Teacher and Pupil — Rules eor Government of School — Unrea- 
sonable KuLE. A rule established by the teacher of a public school, requir- 
ing pupils to pay for the wanton and careless destruction of school property, is 
unreasonable, and a teacher has no right to enforce such a rule by chastisement. 

Carelessness on the part of children is one of the most common and yet one 
of the least blameworthy of their faults. In simple carelessness there is no pur- 
pose to do wrong. To punish a child for carelessness in any case, is to punish it 
where it has no purpose or intent to do wrong or violate rules. But beyond this 
no rule is reasonable which requires of the pupils what they can not do. The vast 
majority of pupils, whether small or large, have no money at their command with 
which to pay for school property which they injure or destroy by carelessness or 
otherwise. If required to pay for such property they would have to look to tJieir 
parents or guardians for the money. If the parent or guardian should not fiave 
the money, or if they should refuse to give it to the child, the child would be left 
subject to punishment for not having done what it had no power to do. — State v. 
Vanderbilt, 116 Ind. 11. 

3. Corporal Punishment. A teacher may punish a pupil with kindness, 
prudence and propriety, for disobedience of his proper commands ; and when the 
punishment is reasonable, he can not be prosecuted for assault and battery. — 
Cooper V. McJunkin, 4 Ind. 290; DanenhoflFer ■;;. State, 69 Ind. 295. 

The teacher may exact compliance with all reasonable commands, and enforce 
obedience by inflicting corporal punishment, in a kind and I'eason able manner, 
upon a pupil for disobedience. Such punishment must be within the bounds of 
moderation, and apportioned to the gravity of the offense; but when complaint is 
made, the judgment of the teacher as to what the situation required should have 
weight, as in the case of a parent under similar circumstances, and the reason- 
ableness of the punishment must be determined upon the facts of the particular 
case. The presumption is that the teacher did nothing more than his duty. The 
legitimate object of chastisement is to inflict punishment by the pain which it 
causes, as well as by the degradation it implies ; and it does not follow that chas- 
tisement was cruel or excessive because pain was produced, or abrasions of the 
skin resulted from a switch used by the teacher. When a proper weapon has been 
used, the character of the chastisement with reference to any alleged cruelty or 
excess, must be determined by the nature of the offense, the age, physical and 
mental condition, as well as the personal attributes, of the pupil, and the- deport- 
ment of the teacher. — Vanvactor v. State, 113 Ind. 276; Danenhoffer -y. State, 79 
Ind. 75. 

4. Damages. Public officers to whom matters may be submitted for their 
determination, the consideration of which requires an exercise of their deliberative 
judgments, are not answerable in damages for mere errors of judgment, unaccom- 
panied with malice or bad faith. — Fertich v. Michener, 111 Ind. 472. 

5. Mandamus. Mandamus lies to compel the restoration of a pupil illegally 
suspended or expelled. — State v. White, 82 Ind. 278. 

6. Not Contempt of Court. A boy was suspended for violation of a rule 
and readmitted by order of the court. He was suspended a second time for viola- 
tion of the same rule, and it was held that the second suspension was not a con- 
tempt of court. — Bowers v. State, 127 Ind. 272. 



SCHOOL LAAV OF INDIANA. 219 

247. Appeal to Trustee. 32. The decision of a Director 
in exclnding a pnpil shall be subject to appeal to the Township 
Trustee, whose decision shall be final. (R. S. 1881, §4506; R. 
8. 1894, § 5994; R. S. 1897, § 6212.) 

1. How Appeal Taken. The parent or guardian, or the pupil liimself, may 
appeal. No formal documents are necessary, and the Trustee has the right to 
make an investigation upon a verbal statement. But he should make a record of 
the facts in the case and of his decision thereon. 

248. Insulting teacher. 162. If any parent, guardian, or 
other person, from any cause, fancied or real, visit a school with 
the avowed intention of upbraiding or insulting the teacher in 
the presence of the school, and shall so upbraid or insult the 
teacher, such person, for such conduct, shall be liable to a fine 
of not more than twenty-five dollars, which, when collected, 
shall go into the general tuition revenue. (R. S. 1881, §4507; 
R. S. 1894, § 5995 ; R. S. 1897, § 6213.) 

1. Part Unconstitutional. The provision that the proceeds of the fine 
shall go into the general tuition revenue is void, since the Constitution (viii, 2) 
makes fines assessed .for breaches of penal laws of the State a part of the common 
school fund. 

2. Assault on Teacher. A Township Trustee aud the School Director, 
upon the refusal of a duly employed teacher to allow a vacation of the school for 
a time, which they and certain patrons of the school had demanded, entered the 
school house, of which the teacher was in rightful, peaceable possession, seized 
him, and pulled, dragged and threw him out of the building, and inflicting serious 
injuries upon him ; they were held guilty of a wrongful assault and battery, and 
liable for the damage he sustained. — White v, Kellogg, 119 Ind. 320. 

249. Title of school property. 157. The title to all lands 
acquired for school purposes shall be conveyed to the township, 
incorporated town, or city for which it is acquired, in the cor- 
porate name of such township, town or city, which is used for 
school purposes, for the use of common schools therein. In all 
cases in which the title to any such land is vested in any other 
person or corporation than as above provided, it shall be the 
duty of the Trustee, foT school purposes of the townshi23, tow:n, 
or city, to procure the title to be vested as in this section pro- 
vided. (R. S. 1881, §4508; R. S. 1894, §5996; R. S. 1897, 
§ 6214.) 

1. Trust Title — Change of Trustee. The corporation (township, town, 
or city) holds the title in trust for school purposes, and upon the incorporation of 



220 SCHOOL LAW OF INDIANA. 

a town, it becomes the trustee, and entitled to such real estate as lies within its 
boundaries — Carson v. State, 27 Ind. 465; School Town of Leesburg v. Plain 
School Township, 86 Ind. 582 — and can compel the Trustee of the township to 
convey the school-house and lot to it. — School Township of Allen v. School Town 
of Macy, 109 Ind. 559. A town organized as a school corporation is the proper 
plaintiff in an action to recover land previously deeded for school purposes to the 
school township in which it is situated. Newpoint Lodge v. School Town of 
Newpoint, 138 Ind. 141. Board v. Center Tp., 143 Ind. 391. 

2. FoEMATiON OP Town — Keventje. If a town is formed out of a portion 
of a township, the School Trustees of the town are entitled to demand and receive 
of the Township Trustee the proportion of school moneys belonging to the town, 
and it is the duty of the Township Trustee to ascertain the amount and pay it 
over to the Town School Board. — Johnson v. Smith, 64 Ind. 275. 

So Avhen a new township is created by a division of the territory of an existing 
township, the former is entitled to an equitable division of the school fund 
belonging, or to be apportioned, to the township as originally constituted ; and if 
there be no debt to be provided for, the new township should receive its propor- 
tionate share of the special school revenue and tuition fund, which should be 
apportioned upon the basis of the enumeration of school children residing in the 
territory. constituting such new township. — Towle v. Brown, 110 Ind. 65, 599. 

3. Corporate Limits — Conditional Deed. A school corporation can not 
establish a school outside of its territorial limits. — State v. Shields, 56 Ind. 521. 

You say that a lot was deeded to a township "for school purposes," and ask if 
the house built thereon will revert to the original owner if the Trustee decides to 
change the location of the school house. If the above quotation is all that is 
expressed in the deed upon that subject, then I think the property will not revert 
to the original owner. If the deed should say "so long as used for school purposes," 
then I suppose it might revert to the original owner. — Newpoint Lodge v. School 
Town of Newpoint, 138 Ind. 141. 

4. Highways. Real estate and buildings held by a school township for 
school purposes are subject to appropriation for highways, as other private prop- 
erty. — Eominger v. Simmons, 88 Ind. 453. 

250. Use of school house. 158. When a scTiool house is 
unoccupied hy a common school of the State, and the people 
who form the school at such house desire that a private school 
be taught therein, and a majority of them make application to 
the Trustee having charge of such house for the use of it for 
such private school, it shall be the duty of the Trustee to per- 
mit said school house to be used for such private school by such 
teacher as may be mentioned in the application, but not for a 
longer time than until said house may be wanted for a public 
school ; and such permission and use shall be upon the condi- 
tion that the teacher employed in said school shall report, in 
writing, to the Trustee — 

First. The number of teachers employed, disxinguishing be- 
tween male and female. 



SCHOOL LAW OF INDIANA. 221 

Second. The number of pupils admitted into the school 
within the term, and the average daily attendance. 

Third. The cost of tuition, per pupil per month, in said 
school. (R. S. 1881, §4509; E. S. 1894, §5998; R. S. 1897, 
§ 6215.) 

ri859, p. 181. Approved March 3, 1859, and in force Aug. 6, 1859.] 

251. Use of school house. 6. If a majority of the legal 
voters of any school district desire the use of the school house 
of such district for other purposes than common schools, when 
unoccupied for common school purposes, the Trustee shall, upon 
such application, authorize the Director of such school district 
to permit the people of such district to use „the house for any 
such purpose, giving equal rights and privileges to all religious 
denominations and political parties, without any regard what- 
ever to the numerical strength of any religious denomination 
or political party of such district. (R. S. 1881, §4510; R. 8. 
1894, § 5999 ; R. S. 1897, § 6216.) 

1. Use of School House. The Trustee, upon application of a majority of 
tlie legal voters of a school district, may authorize the Director to permit the use 
of the house for other than school purposes, and a complaint to enjoin such use 
must aver that a majority of the legal voters of the district have not expressed a 
desire therefor. — Hurd v. Walters, 48 Ind. 148. 

2. Trustee's Power and Duty. The Trustee is made responsible for the 
care, management and preservation of the school houses in his school corporation. 
This trust he can not alienate. It is true that it is his duty to permit the school 
house to be used for other than school purposes when the terms of the law have 
been complied with, but it is equally true that it is contemplated by the law that 
the Trustee shall retain such control of the school house as will enable him to 
enforce the provisions of the law. Inasmuch as the Trustee must give equal rights 
and privileges to all religious denominations and political parties, it is clear that 
he can not make a contract with any party by reason of which one denomination 
or one political party shall obtain possession of the house to the exclusion of any 
other, except for the time being, or by which the control of the house shall pass 
from his hands. 

It is not necessary that the voters of a district petition the Trustee on each 
separate occasion that the house is desired for other than school purposes, but if a 
general petition be filed with the Trustee, in proper form, requesting, for example, 
that the house be used for religious purposes, he may then permit the house to be 
so used as occasions may require. In the absence of an expressed desire on the 
part of the voters of a district, it is held that the Trustee may, through the spirit 
of accommodation, rather than by a strict construction of the law, permit school 
houses to be used for religious and other pablic meetings when he is satisfied that 
a majority of the district does not object. 



222 SCHOOL LAW OF INDIANA. 

In all cases when school houses are used for such purposes, it is the duty of the 
Trustee to prescribe and enforce such rules and regulations as will protect the 
property from injury. It is evident that the provisions of this section apply only 
to districts in townships, and not to cities and incorporated towns. 

[1865, p. 3. Approved and in force March 6, 1865.] 

252. School house, when sold. 149. The proper Trustee 
may, wlienever a scliool liouse shall have been removed to a dif- 
ferent location, or a new one erected for the school in a differ- 
ent place, if the land whereon the same is situated belongs un- 
conditionally to the township, town or city, sell the same, when, 
in his opinion, it is advantageous to the township, town or city, 
so to do, for the highest price that can be obtained therefor ; 
and upon the payment of the purchase money to the township, 
town or city Treasurer, he shall execute to the purchaser a deed 
of conveyance, which shall be sufficient to vest in such pur- 
chaser all the title of such township, town or city thereto. The 
money derived from such sale shall be a part of the special 
school revenue. (R. S. 1881, § 4511; R. S. 1894, § 6000; R. S. 
1897, § 6217.) 

1. Conveyances. A deed to the school township for the use of the township 
for school purposes is an absolute and not a conditional conveyance; and the 
township may sell the property so deeded. The deed of the township should be 
made in the name of the school township, and signed by the Trustee. School 
Boards of cities and towns may sell and convey a school lot upon the conditions 
named in this section. — §g 97, 98, 249. 

2. In the administration of the law set out in section 252, three cases arise : 
First. When the school house is within the limits of the township, the Town- 
ship Trustee controls and sells it. 

Second. When the school house is situated within territory which is afterward 
incorporated into a town, then the title vests in the town, and the property is con- 
trolled by the School Trustees of the town. — § 253; see Carson v. State, 27 Ind. 
465; School Township of Allen ■;;. School Town of Macy, 109 Ind. 559; School 
Town of Leesburgh v. Plain School Township, 86 Ind. 582. 

Tliird. When the school house is located on territory which is taken into a 
city by addition, then the School Trustees of the city control it. — See Heizer v. 
Yohn, 37 Ind. 415 ; Reckert v. City of Peru, 60 Ind. 473. 

3. Conveyance to City' or Town. When a school house is taken within a 
city or town, it is the duty of the Township Trustee to convey it to such city or 
town.— § 253. 

[1893, p. 194. Approved and in force Marcli 3, 1893.J 

253. School house in annexed territory. 1. Whenever 
there has been, or may hereafter be, by proper proceedings, any 
territory annexed to any city or incorporated town of this State, 



SCHOOL LAW OF INDIANA. 223 

which territory included within such boundary as annexed any 
real estate which, prior to such annexation, was the property of 
the school township adjoining such town or city, and used for 
school purposes by such school township, such real estate shall, 
by virtue of such annexation, at once become in fee simple the 
property of the school corporation of such town or city within 
the corporate boundaries of which it is found after such annex- 
ation of territory, and it is hereby made the duty of the Town- 
ship Trustee to at once execute and deliver to the school cor- 
poration of such town or city a deed conveying such title as his 
school township has for all school property which has passed, 
by such proceedings, from the territorial jurisdiction of the 
township to that of a town or city. (R. S. 1894, § 5997 ; K. S. 
1897, § 6218.) 

1. Section Valid. The above section is valid, even if the old township is 
in debt for the school house, and the annexing city or town is not bound to con- 
tribute to the payment of the debt. If the Township Trustee refuses or neglects 
to convey the property to such annexing city or town he may be compelled to do 
so by mandate of the courts. — Board v. Center Township, 143 Ind. 391. This de- 
cision modifies the following cases: Carson v. State, 27 Ind. 465; Heizer v. Yohn, 
37 Ind. 415; State?;. Shields, 56 Ind. 521; Eechert i;. City of Peru, 60 Ind. 473; 
School Township of Leesburg v. Plain School Township, 86 Ind. 582; School 
Township of Allen v. School Town of Macy, 109 Ind. 559; Newpoint Lodge v. 
School Town of Newpoint, 138 Ind. 141. 

[1899, p. 376. Approved and in force March 3, 1899.1 

254. Pay for school house in annexed territory. 1. In 

all cases where any city or incorporated town of this State has 
annexed or shall hereafter annex any territory, or where any 
town shall be hereafter incorporated in which territory so an- 
nexed or incorporated there was or shall be the property of any 
school township used by such school township for school pur- 
poses, and such school township was, or shall be at the date of 
such annexations, indebted either for the purchase of said school 
property, or for buildings constructed thereon, which indebted- 
ness is unpaid at the date of the passage of this act, it shall 
and is hereby made the dut}^ of the school corporation of such 
city or incorporated town to pay such indebtedness, and such 
school corporation is hereby declared to be and made liable 
therefor. Until such city or town school corporation shall 
have paid such indebtedness, it shall not be entitled to posses- 



224 SCHOOL LAW OF INDIANA. 

sion of such property, or to a deed therefor, and upon paying' 
such indebtedness by said school township, such school town- 
ship shall be entitled to recover the amount so paid from said 
city school corporation with interest at the rate of six per cent, 
per annum from date of payment, and on payment of such 
amount the said school corporation shall be entitled to a deed 
and possession of such property as now by law provided. 

[1877, p. 126. Approved and in force March 7, 1877.] 

255. Donations and bequests. 1. Whenever any person 
shall give or bequeath unto Trustees any sum of money exceed- 
ing five thousand dollars, for the purpose of erecting a public 
school building or seminary in any unincorporated town in this 
State, and upon the express or implied condition contained in 
said bequest that an amount equal thereto shall be raised by the 
citizens of said town or township for a like purpose, the Town- 
ship Trustee of said township in which said town is situated 
shall, upon the petition of a majority of the legal voters of said 
township, be authorized to prepare, issue and sell the bonds of 
said township, to secure a loan not exceeding fifteen thousand 
dollars in anticipation of the revenue for special school pur- 
poses, for the purpose of complying with the condition annexed 
to such gift or devise — said bonds to bear a rate of interest not 
exceeding seven per cent, per annum, payable at such time, 
within seven years from date, as such Trustee may determine : 
Provided, That until all the bonds of any one issue shall have 
been redeemed, such Towship Trustee shall not be authorized 
to make another issue, nor shall any such bonds be sold at a 
less rate than ninety-five cents on the dollar. (R. S. 1881, 
§4514; R. S. 1894, §6003; R. S. 1897, §6224.) 

1. Power of County. The County Board has no power to appropriate 
money out of the general fund of the county to build a school house. Eothrock 
V. Carr, 55 Ind. 334. 

2. See also section 258, page 225. 

256. Majority of voters. 2. The whole number of votes 
cast for candidates for Congress at the last preceding con- 
gressional election in the township shall be deemed to be the 
whole number of legal voters of such township, a majority of 
whose names shall be signed to the petition presented to such 
Township Trustee; to which petition shall be attached the 



SCHOOL LAW OF INDIANA. 225 

affidavit or affidavits, as such Trustee may deem necessary, of a 
competent and credible person or persons that the signature of 
all tlie names to said petition are genuine, and that the persons 
whose names are thereto signed are, as he believes, legal voters 
of such township. (R. S. 1881, §4515; R. S. 1894, §6004; 
R. S. 1897, § 6225.) 

257. Sale of bonds. 3. The Tow^nship Trustee shall re- 
cord such petition, together with the names attached, in the 
record-book of his township, and carefully file away and pre- 
serve said petition, and shall enter in such record a statement 
of the time when such petition was filed ; and, if said Trustee 
shall then be satisfied that said petition contains the names of 
a majority of the legal voters of said township, he shall then 
prepare, issue and sell bonds to the amount petitioned for in 
such petition, as provided in section 1 of this act (section 4514), 
and shall accurately keep a record of all proceedings in and 
about the issne and sale of such bonds, to whom, and for what 
amount sold, the rate of interest they bear, and the time when 
they become due. (R. S. 1881, § 4516 ; R. S. 1894, § 6005 ; R. S. 
1897, §6226.) 

[1901, p. 555. Approved and in force March 11, 1901.] 

258. Donations may be made to school corporations. 1. 

All common school corporations of this State be and they 
hereby are authorized and empowered to acquire by gift, devise 
or bequest real estate and personal property, and any such gift, 
devise or bequest heretofore made is hereby legalized validated 
as fully as if made after the taking effect of this act. 

259. Conditional gift. 2. Any such common school cor- 
poration which has heretofore acquired or shall hereafter ac- 
quire any personal property or real estate by gift, devise or be- 
(pK'st, in respect of which the donor or testator at the time of 
making the same, has annexed or may annex conditions or 
directions concerning the manner in which the same shall be 
held, used, enjoyed or disposed of, shall hold, use, enjoy and 
dispose of the same agreeably to the terms and conditions so 
imposed by the donor or devisor. 

15 — ScH. Law. 



226 SCHOOL LAW OF INDIANA. 

260. Income from gifts, how used. 3. In every case 
where any sucli common school corporation has heretofore ac- 
quired or shall hereafter acquire any personal projDerty or real 
estate by gift, devise or bequest in respect of which the donor 
or testator, at the time making the same, has not or shall not 
annex conditions or directions concerning the same inconsistent 
with the requirements of this section, the principal of such 
gifts, devises and bequests shall be inviolate, but the interest, 
rents, incomes, issues and profits, thereof, may be expended by 
such school corporation. Such interest, rents, incomes, issues 
and profits shall not be devoted to the payment of any obliga- 
tion of the corporation incurred before the property was ac- 
quired, nor to the payment of the salaries or wages of teachers, 
of the branches commonly and generally taught in the public 
schools, or for school or library officers or employes, nor to the 
purchase of ordinary school furniture or supplies of the char- 
acter required by the corporation to be paid for from the cur- 
rent income or revenue coming to it from taxes or by operation 
of law, but the same may be devoted to any public educational 
or public library or kindred purpose, for which in the judg- 
ment of the managing board, or trustee of the corporation 
adequate financial provision shall not have been made by law. 
If in the judgment of such Board or Trustee, it seems wise to 
invest the principal of the gift, devise or bequest in the erection 
or equipping, or both, of a building to be devoted to some 
special use of a public educational or library character, and the 
expressed will of the donor or testator will not thereby be vio- 
lated, the principal may be so used, anj^thing in this act to the 
contrary notwithstanding, but this provision shall not be con- 
strued to permit its use for the building or equipping of build- 
ings for the ordinary graded or high schools. 

261. Trustee for gift — Powers. 4. If in the judgment of 
the Board of Trustees or School Commissioners of any corpora- 
tion coming under the terms of this act, it would be wise to ap- 
point a trustee or trustees to hold the title to any such property, 
real or personal, heretofore acquired or that may be hereafter 
acquired by it in the manner mentioned in this act, unless the 
wish and will of the donor or testator expressed as aforesaid 
would thereby be violated, and to invest the principal and pay 



SCHOOL LAW OF INDIANA. 227 

over from time to time only the net interests, rents,, issues, in- 
comes and profits of the fund to the school corporation for use 
as in this act provided such school corporation is hereby author- 
ized and empowered to name and appoint such trustee or trus- 
tees and to vest in him or them the title to such property sub- 
ject to such trust and powers as the school corporation may 
impose not inconsistent with the wish or will of the donor or 
testator, expressed as aforesaid, or of the provisions of this act 
applicable to such property in case no such transfer to a trustee 
has been made : Provided, That if the managing board of such 
school corporation shall consist of fewer than three persons, 
and the school corporation elects to have the property held and 
managed by trustees, the corporation shall establish the terms 
of the trust and make tlie conveyance but the trustees shall in 
such case be not fewer than three and shall be named and ap- 
pointed by the Judge of the Circuit Court of the county in 
which the school corporation is domiciled. 

262. Identity of gift not to be lost. 5. It is the main 
purpose of this act that the identity of the principal of gifts 
and benefactions of friends of the State's public schools may 
not be lost and that the income from their investment shall be 
used in giving to school children and the public educational 
and library advantages that could not be enjoyed if only the 
school and library revenue and income provided by law were 
available, but nothing in this act shall be construed as a limita- 
tion against the investment and reinvestment either by the 
school corporation itself or the trustees appointed agreeably to 
this act, from time to time as the safety of the fund or the best 
interests of the corporation may to the school corporation to 
which it is given, seem to require. 

[1881, p. 592. Approved and in force April 16, 1881.] 

263% Site for school house — Eminent domain. 1. When- 
ever in the opinion of the trustees of school corporations or of the 
Township Trustee of any township in this State, it shall be con- 
sidered necessary to purchase any real estate on which to build 
a school house, or for any other purpose connected therewith, 
such Township Trustee or School Trustees, or a majority of 
them, may file a petition in the Circuit Court of said county, 



228 SCHOOL LAW OF INDIANA. 

asking for- the appointment of appraisers to appraise and assess 
the vahie of said real estate. (R. S. 1881, §4517 ; R. S. 1894, 
§ 6006; R. S. 1897, § 6227. 

1. Locations. The question as to where school houses shall be located, and 
where land shall be acquired for that purpose, is left to the sound discretion of the 
Trustee; and upon an application by the Trustee to the Circuit Court to acquire 
kind for a school house, questions respecting the location selected are not triable. 
The method of trying such questions is by appeal to the County Superintendent, ~ 
as provided by section 216. — Braden v. McNutt, 114 Ind. 214. 

2. School Township Builds. The school township, and not the civil town- 
sliip, must build the school house ; aud a note given by the civil township for the 
cost of constructing a school house is void. — Wingate v. Harrison School Town- 
ship, 59 Ind. 520. 

3. Disagreement Among Trustees. In cities and towns the School Trustees 
determine where and when a school house is necessary and convenient, and a con- 
tract by the Trustees for the building of such school house is binding, although 
one of the Trustees protested against it. — Crist v. Brownsville Township, 10 
Ind. 461. 

4. Fkaud. An action may be maintained to enjoin the construction of a 
school house, on the ground of fraud on the part of the Township Trustee, in the 
making of the contract, in the name of the State for the use of the civil township; 
and the remedy provided for an appeal to the County Superintendent, is not in 
such a case exclusive, and does not prevent the bringing of the action. — State v. 
Earhart, 27 Ind. 119. 

5. County Board of Commissioners. A County Board of Commissioners 
can not make an allowance to build a school house. — Rothrock v. Carr, 55 
Ind. 334. 

264. Appraisers. 2. Upon said petition being filed (the 
owner or owners of said real estate having had ten days' notice 
of the pendency thereof), the Court shall appoint three free- 
holders, resident in said school corporation or said township 
where said real estate is situate, to appraise and assess the value 
thereof. (R. S. 1881, § 4518; R, S. 1894, § 6007; R. S. 1897, 
§ 6228.) 

265. Appraisement — Payment. 3. Said appraisers, before 
making said assessment and appraisement, shall take an oath 
before the Clerk of said court to make a fair, true, and honest 
appraisement of said real estate ; and shall then proceed to 
examine said real estate, hear such evidence as they may con- 
sider necessary, and make report of their appraisement within 
five days after their appointment. Upon said report being filed, 
the owner or owners of said real estate may except to the same 



SCHOOL LAW OF INDIANA. 229 

for any cause, and a trial thereon may be had in said court. 
When the vahie of said real estate is finally determined in said 
court, the Township Trustees or School Trustees may pay to 
the Clerk of said court, for the use of the owner of said real 
estate, the amount so determined, and, upon payment thereof, 
the title to said real estate vest in said school corporation for 
said purposes, (li. S. 1881, §4519; R. S. 1894, §6008; E. S. 
1897, § 6229.) 

Location of School House. The question when and where a school shall be 
located is left to the discretion of the Trustees; and that question can not be tried 
on condemnation preceedings. — Braden v. McNutt, 114 Ind. 214. 



Sec. 

266. Township Institutes 

267. County Institutes. 



CHAPTER XVI. 



TEACHERS' INSTITUTES. 



Sec. 

268. Schools closed. 

269. Sessions. 



[1889, p. 67. Approved and in force March 2, 1889.J 

266. Township Institutes. 9. At least one Saturday in 
each month during which the public schools may be in progress 
shall be devoted to Township Institutes, or model schools for 
the improvement of teachers ; and two Saturciays may be ap- 
propriated, at the\discretion of the Township Trustee of any 
township. Such Institute shall be presided over by a teacher, 
or other person, designated by the Trustee of the township. 
The Township Trustee shall specify, in a written contract with 
each teacher, that such teacher shall attend the full session of 
each Institute contemplated herein, or forfeit one day's wages 
for every day's absence therefrom, unless such absence shall be 
occasioned by sickness, or such other reason as may be approved 
by the Township Trustee, and for each day's attendance at such 
Institute each teacher shall receive the same wages as for one 
day's teaching: Provided, That no teacher shall receive such 
wages unless he or she shall attend the full session of* such In- 
stitute and perform the duty or duties assigned. (R. S. 1894, 
§ 6009 ; R. S. 1897, § 6230.) 

1. A Trustee failing to comply with the above is subject to prosecution and 
removal from office. 



230 SCHOOL LAW OF INDIANA. 

[1901, p. 29. Approved and in force February 25, 1901.] 

267. County Institutes. 159. In order to the encourage- 
ment of Teachers' Institutes, the County Auditors of the several 
counties of this State shall, whenever the County Superin- 
tendent of such county shall file with said Auditor his official 
statement, showing that there has been held, for five days, a 
Teachers' Institute in said county, Avith an average attendance 
of twenty -five teachers, or of persons preparing to become 
such, draw his warrant on the County Treasurer, in favor of 
said County Superintendent, for thirty-five dollars; and in case 
there should be an average attendance of forty teachers, or per- 
sons preparing to become such, then the said County Auditor 
shall draw his warrant on the Treasurer for fifty dollars ; and 
in case there should be an average attendance of seventy-five 
teachers, or persons preparing to become such, then the County 
Auditor shall draw his warrant on the Treasurer for one hun- 
dred dollars, for the purpose of defraying the expenses of said 
Institute : Provided, however, That but one of said payments 
be made in the same year. All laws and parts of laws in conflict 
herewith are hereby repealed. 

1. Supekintexdent's Ditty and Pay. Such an institute as is contemplated 
by the law is not a voluntary association, but a teachers' meeting, at the head of 
which is the County Superintendent. He, therefore, has no right to surrender it 
into the hands of an incompetent director, nor to permit a course of procedure by 
anv one, or by the Institute itself, by which time shall be wasted or unsatisfactory 
work done. The teachers are there to be instructed, and the Superintendent must 
necessarily take the responsibility of the Institute upon himself. Tlie money 
which the Auditor is authorized to pay is to defray the expenses of the Institute 
exclusive of the per diem of the Superintendent, whose compensation must be ob- 
tained in the usual way. He is also entitled to his per diem for reasonable services 
in making preparations for the Institute. 

2. Pay of Teachehs. Teachers are allowed their regular per diem when 
attending both County and Township Institutes. 

268. Schools closed. 160. When any such Institute is in 
session, the common schools of the county in which said Insti- 
tute shall be held shall be closed. (R. S. 1881, §4522; R. S. 
1894, §6011 ; R. S. 1897, §6231.) 

269. Sessions. 161. The several County Superintendents 
are hereby required, as a part of their duty, to hold, or cause to 
be held, such Teachers' Institutes at least once in each year in 
their respective counties. (R. S. 1881, §4523; R. S. 1894, §6012; 
R. S. 1897, §6233.) 



SCHOOL LAW OF INDIANA. 



231 



CHAPTER XVII. 



FREE LIBRARIES. 



Sec 




Sec 


270. 


Public Library Commission. 


293. 


271. 


Duties — Traveling libraries. 




272. 


Purchase of books— Appropriation. 


294. 


273. 


Library Association. 


295. 


274. 


Annual appropriation — Expenses. 


296. 


275. 


Advice. 


297. 


276. 


Township library tax. 




277. 


Township library Board. 


298. 


278. 


Official documents. 


299. 


279. 


Member of Commission not to be pub- 






lishers. 


300. 


280. 


Repealing section. 


301. 


281. 


In cities and towns. 


302. 


282. 


Libi-aries in certain cities. 


303. 


283. 


Tax to maintain. 


304. 


284. 


Real e tate. 


305. 


2a5. 


Real estate for libraries. 


306. 


286. 


School and library tax in cities of 


307. 




30,000. 


308. 


287. 


County Treasurer reports to Board of 


309-. 




School Commissioners. 


310. 


288. 


County Treasurer's credits. 


311. 


289. 


Library tax in cities of 15,000 and 30,000. 


312. 


200. 


Payment of bonds. 


313. 


291. 


City and town tax for library— Sub- 


314. 




scription. 


315. 


292. 


Subscription filed with Clerk o/ Circuit 


316. 




Court. 


317. 
318. 



Members of Library Board appointed — 
Qualifications. 

Certificate of appointment — Oath. 

Organization. 

Library Board Powers. 

Subscription collected — Buildings — 
Tax. 

Tax, how used. 

Use of library — Certificates of mem- 
bership — Townshiii may use. 

Donation of library. 

Removal of members of Board. 

Treasurer's report. 

Repealing section. 

Libraries in cities of 3,500 to 4,000. 

Acceptance of library. 

Payment of taxes. 

Privileges of library. 

Removal of Directors. 

Library fund. 

Township Trustee in charge. 

Trustee's duties. 

Use of books. 

Where kept. 

When open. 

Tax levy for library. 

Office of Librarian abolished. 

Library discontinued. 

Legalizing section. 

[1899, p. 134. Approved and in force February 24, 1899.1 

270. Public Library Commission. 1. There is hereby 
created a Public Library Commission, which shall be composed 
of three members, appointed by the Governor, who shall serve 
without compensation except as herein provided, each for the 
term of four years, except that one of the members first so ap- 
pointed by the Governor shall be appointed for a term of two 
years only, and one for one year. The State Librarian shall be 
ex-officio secretary of said Commission. 

271. Duties — Traveling libraries. 2. Said Public Library 
Commission shall have the control and management of the 
traveling libraries hereinafter provided for, shall purchase the 
books and collection of books therefor and equipment for the 
same ; shall adopt rules and regulations for loaning such books 
and collection of books to library associations and to the per- 



232 SCHOOL LAW OF INDIANA. 

sons entitled to borrow the same, and shall provide for and 
require such security or guaranty for the safe return of such 
hooks or collection of books as may be deemed advisable ; shall 
prepare lists of books suitable for public libraries and obtain 
prices for the same and furnish such lists whenever required; 
shall furnish information or advice as to the organization, 
maintenance or administration of any library in the State 
whenever requested so to do by the librarian or trustees. The 
Public Library Commission shall keep a complete record of 
library associations and other organizations and persons entitled 
to borrow books of such traveling libraries and of transactions 
therewith, and he shall include in his biennial report a sum- 
mary of the facts of public interest and value in relation thereto. 

272. Purchase of books — Appropriation. 3. There is 
hereby appropriated out of any funds in the treasury not other- 
wise specifically appropriated the sura of three thousand dollars 
($3,000) for the purchase of books and collections of books and 
the equipment for traveling libraries. The books so purchased 
shall be in tlie care of the State Librarian, but shall be kept 
separate from the other books of the State library. The books 
so purchased shall be divided into sets or libraries of said com- 
mission and k)aned to librarj^ associations and other organiza- 
tions and persons as herein provided. 

273. Library association. 4. Any five or more citizens 
may organize a library association, which on furnishing secur- 
ity satisfactory to said Commission, shall be entitled to the use 
of the traveling libraries under the rules and regulations of said 
Commission, and without charg'e further than all expenses of 
transportation of said libraries. Any local library, literary or 
other club, agricultural or other society, grange, college, serai- 
nary, university extension center, study circle or other associ- 
ations, shall have the use of said traveling libraries on furnish- 
ing satisfactory security and complying with the rules and 
regulations as aforesaid. 

[1901, p. 171. Approved March 8, 1901; in force May, 1901.] 

274. Annual appropriation — Expenses. 5. There is here- 
by appropriated out of any funds in the treasury not otherwise 
appropriated the sum of one thousand dollars (|1,000) annually. 



SCHOOL LAW OF INDIANA. 233 

to be expended under the direction of said Commission, for 
clerical assistance to the State Librarian and other expenses of 
said Commission made necessary by this act, including traveling 
expenses of the members of said Commission in the discharge 
of their duties. 

[1899, p. 134. Approved and in force February 24, 1899.] 

275. Advice. f>. The Librarian or Trustees of any free 
public library may apply to said Public Library Commission for 
advice as to all matters pertaining to the organization, main- 
tenance or administration of their library ; and said Commis- 
sion shall give such advice and personal attention as may be 
necessary. 

Note. The Library Commission has appointed Merica Hoagland to serve as 
Organizer of Libraries. She will travel into different parts of the State, giving 
advice and assisting in the work. 

276. Township library tax. 7. On the Avritten petition 
of fifty legal voters of any towiiship filed with the County Clerk 
not less than fifteen days prior to a township election, the 
County Board of Election Commissioners shall cause to be 
printed on the township ballots for such township the words : 
"For a township library tax." " Yes." "No." If in the elec- 
tion a majority of the votes cast on said question shall be in 
the afiirmative, the Township Trustee shall thereafter levy an- 
nually a tax of one-fifth of a mill on each dollar of the prop- 
erty taxable in said township for the establishment and support 
of a township library free to all inhabitants of such township, 
which tax shall be levied, assessed, collected and paid as other 
township taxes are levied, assessed, collected and paid : Provided., 
That after such library has been esta-blished such tax levy shall 
be discontinued when, under the above provision, the question 
of discontinuing such levy shall have been submitted to a vote 
and the majority of the votes cast on said question shall be in 
the negative : Provided further, That if there be located in said 
township a public library open to the use of all the inhabitants 
thereof, then the proceeds of said tax shall be paid to said 
public library. Provided further, That in any township in which 
there has been or may hereafter be established by private dona- 
tions a library of the value of twenty -five thousand dollars or 
more, including the real estate and buildings used for such 
library for the use and benefit of all the inhabitants thereof, 



234 SCHOOL LAW OF INDIANA. 

the Township Trustee of such township shall annually levy 
and collect not more than six cents on the hundred dollars, 
upon the taxable property within the limits of such township 
which shall be paid to the Trustees of such library, and be ap- 
plied by them to the purchase of books for said library and to 
the cost of the maintenance thereof, and said Trustees may 
with the consent of the Board of Commissioners of the county, 
when it shall become necessar}^ to purchase additional ground 
for the extension or protection of library buildings already es- 
tablished by such private donation, annually levy and collect 
not more than five cents on the hundred dollars upon all taxa- 
ble property of said township for not more than three years 
successively, which shall be expended by said Trustees in the 
purchase of said property and the erection and enlargement of 
library building thereon. 

1. Eepeal of Act of 1895. The last proviso is a copy of the act of 1895 
(Acts 1895, p. 240); and this proviso must be followed instead of that act. 

277. TownsMp Library Board. 8. In any township 
where a free public library is established as above provided, there 
shall be established a Township Library Board composed of 
the school Township Trustee and two residents of the town- 
ship, to be appointed by the Judge of the Circuit Court (one of 
whom shall be a woman). Of the first two members of such 
Board so appointed one shall be appointed for a term of two 
years and one for four years, and thereafter the term of office 
shall be four years. Such Library Board shall have control of 
the purchase of books and the mauagement of such library, and 
shall serve without compensation. Said library shall be the 
property of the school township, and the school Township Trus- 
tee shall be responsible for the safe preservation of the same. 
Said Board shall be entitled to the possession and custody of 
any books remaining in the old township library in such town- 
ship ; and such Board shall be empowered to receive donations, 
bequests and legacies for and on behalf of such library, and 
shall be entitled to receive from the Public Library Commis- 
sion and State Librarian copies of all documents of this State 
available for distribution. Before the purchase of any books 
the Township Library Board shall consult the Public Library 
Commission. 



SCHOOL LAW OF INDIANA. 236 

278. Official documents. 9- The State Librarian and the 
Pubhc Library Commission shall supply any library ql this 
State with copies of official documents and publications of the 
State in his custody available for distribution within the State. 

279. Member of Commission not to be publisher. 10. 

J^o member of the Public Library Commission shall be in any 
way connected with the business of publishing or selling books. 

280. Repealing section. 11. All laws and parts of laws 
in conflict with the provisions of this act are hereby repealed. 

[1883, p. 103. Approved March 5, 1883, and in force June 5, 1883.] 

281. In cities and towns. 1. In all the cities and incor- 
porated towns in this State the Board of School Trustees, Board 
of School Commissioners, or whatever Board may be established 
by law to take charge of the public or common schools of such 
city or incorporated town, shall have power, if in their discretion 
they deem it to the public interest, to esta,blish a free public 
library in connection with the common schools of such city or 
incorporated town, and to make such rules and regulations for 
the care, protection and government of such library, and for the 
care of the books provided therefor, and for the taking from 
and returning to said library of such books, as the said Board 
may deem necessary and proper, and to provide penalties for 
the violation thereof: Provided, That in any city or incorpo- 
rated town where there is already established a library open to 
all the people, no tax shall be levied for the purpose herein 
named. (R. S. 1894, §6013; R. S. 1897, §6234.) 

1. Bedford. An act of March 6, 1901, applicable only to Bedford, is omitted. 
Acts 1901, p. 130. 

2. Section 281 is probably succeeded by section 292 and following p. 241 of 
this volume. 

[1885, p. 120. Approved and in force April 2, 1885.] 

282. Libraries in certain cities. 1. Wherever the Board 
of Directors of a library heretofore situate within the limits of 
any incorporated town may have filed the agreement and request 
with the Board of Trustees of said town, provided for in an act 
entitled "An act supplementary to an act entitled an act to 
establish public libraries," approved February 16, 1852, approved 
March 8, 1883, and the Board of Trustees of such town may 
have levied a tax for the support of such library i«n pursuance 



236 SCHOOL LAW OF INDIANA. 

of such request and agreement and in accordance with said act, 
and such town may afterward have become incorporated as a 
,city, the Common Council of such city shall have all the powers 
to levy tax, and do all other things granted by said act above 
named to trustees of towns, and all the provisions of said act 
applicable to such library, and its relations to the town before 
its incorporation as a city shall, after such incorporation, be 
applicable to such library, and its relations to such city. (R. S. 
1894, § 4999 ; R. S. 1897, § 5164.) 

[1899, p. 561. Approved March 6, 1899. In force April 28, 1899.] 

283. Tax to maintain. 2. Such Board shall also have 
power to levy a tax of not exceeding one mill on each dollar of 
taxable property assessed for taxation in such city in each year; 
which tax shall be placed on the tax duplicate of such city, and 
collected in the same manner as other taxes ; and when said 
taxes are so collected, they shall be paid over to the said Board 
for the support and maintenance of said public library. Such 
Board shall have power, and it shall be its duty, to disburse said 
fund, and all revenues derived from gift or devise, in providing, 
and iitting up suitable rooms for such library; in the purchase, 
care and binding of books therefor, and in the payment of sala- 
ries to a librarian and necessary assistants. 

[1881, p. 47. Approved and in force March 7, 1881.] 

284. Real estate. 3. Any such city in which a free public 
library may be established in accordance with the terms of this 
act may acquire by purchase, or take and hold by gift, grant, or 
devise, any real estate necessary for, or which may be donated 
or devised for, the benefit of such library ; and all revenues 
arising therefrom, and the proceeds of the same, if sold, shall 
be devoted to the use of said library. (R. S. 1881, § 4526 ; R. S. 
1894, § 6016 ; R. S. 1897, § 6236. 

[1885, p. 160. Approved and in force April 8, 1885.1 

285. Real estate for libraries. 1. In any case in which 
the Board of School Trustees of any city of this State have 
purchased any real estate for the use of a public library of said 
city, under sections 4524, 4525 and 4526 [§§281, 282 and 283] 
of the Revised Statutes of 1881, and the revenue derived from 



SCHOOL LAW OF INDIANA. 237 

taxation under said sections may have been or shall be insuffi- 
cient to pay for such real estate, then said Trustees be and they 
are hereby authorized to pay for the same out of any money in 
the treasury of such school city belonging to the special school 
fund thereof. (R. S. 1894, § 6017 ; R. S. 1897, § 6237.) 

[1891, p. 37. Approved and in force February 26, 1891.] 

286. School and library tax in cities of 30,000. 1. In 

all cities of the State of Indiana where Boards of School 
Commissioners have been elected and are managing the school 
aifairs of said city under an act of the General Assembly of the 
State of Indiana, entitled "An act providing for a general sys- 
tem of common schools in all cities of thirty thousand, or more, 
inhabitants, and for the election of a Board of School Commis- 
sioners for such cities, and defining their duties and prescribing 
their powers, and providing for common school libraries within 
such cities, approved March 3, 1871, and the various acts of 
the General Assembly amendatory thereof, and supplemental 
thereto, and in which the ofiice of City Treasurer has been, or, 
hereafter, may be, abolished under and by virtue of an act of 
the General Assembly of the State of Indiana, entitled, 'An act 
concerning taxation for city and school purposes in cities con- 
taining a population of over seventy thousand, as shown by the 
last census of the United States ; to abolish the offices of City 
Assessor and City Treasurer in such cities, and provide for the 
discharge of the duties of such offices, and repealing laws in 
conflict therewith, approved FelDruary 21, 1885,'" such Boards 
of School Commissioners be and they are hereby authorized 
and empowered, in the manner and form in which they are now 
by law authorized to levy taxes, levy taxes for the support of 
the schools within such city, including such taxes as may be 
required for paying teachers, in addition to the taxes now 
authorized to be levied by the General Assembly of the State of 
Indiana, not to exceed, however, in any one year, the sum of 
twenty-five cents on the one hundred dollars of the taxable 
property as shown by the certificate showing the assessment 
and valuation for taxation of all taxable real and personal and 
railroad property of such city, required to be delivered to said 
Board of School Commissioners bv section 8 of the said act of 



238 SCHOOL LAW OP INDIANA. 

the General Assembly of the State of Indiana, approved Febru- 
ary 21, 1885, and also to levy a tax each year not exceeding 
four cents on each one hundred dollars of the taxable property 
in said city, as shown by said certificate, for the support of free 
public libraries, in connection with the common schools of said 
city, and to disburse any and all revenues raised by such tax 
levied for library purposes, in the purchase of books and in the 
fitting up of suitable rooms for such libraries, salaries to libra- 
rians and other expenses necessarily incident to the maintenance 
of such library; also, to make and enforce such regulations as 
they may deem necessary for the taking out, and returning to, 
and for the proper care of all books belonging to such libraries, 
and to prescribe penalties for the violation of such regulations. 
(R. S. 1894, § 5944; R. S. 1897, § 6240.) • 

1. To What Cities Applicable. This and the next four sections at pres- 
ent apply only to the city of Indianapolis. 

287. County Treasurer reports to Board of School Com- 
missioners. 2, In all cities in the State of Indiana, where 
Boards of School Commissioners have been elected and are 
managing the school affairs of said city, under and by virtue 
of said act of the General Assemby of the State of Indiana, ajD- 
proved March 3, 1871, and in which the office of City Treasurer 
has been, or may hereafter be, abolished, under and by virtue 
of said act of the General Assembly of the State of Indiana, 
approved February 21, 1885, as mentioned and described in the 
first section of this act, it shall be tlie duty of the County Treas- 
urer, on and after making his settlement with the County Audi- 
tor on the third Monday of April, 1891, and the payment to 
the Board of School Commissioners of the amount by such 
settlement found to be due to it, as required by section 13 [R. 
S. 1894, § 3758; R. S. 1897, § 1283; Acts 1885, p. 13] of the last 
above named act, at the close of each calendar month, to make 
report, duly verified by his oath, to said Board of School Com- 
missioners of all taxes and delinquent taxes collected within 
said month, and thereafter, upon demand of the Treasurer of 
said Board of School Commissioners, to pay to him, for the use 
of said Board of School Commissioners, the full amount of said 
taxes and delinquent taxes shown by said report to have been 
collected. Upon such payment being made, the Treasurer of 



SCHOOL LAW OF INDIANA. 239 

the Board of School Commissioners shall execute to said County 
Treasurer his receipt for the amount of money so paid, which 
receipt the latter shall deliver to the Secretary of the Board of 
School Commissioners, who shall give him a quietus therefor, 
and credit said County Treasurer with the amount thereof, and 
charge such amount to the Treasurer of said Board of School 
Commissioners. (R. S. 1894, § 5745 ; R. S. 1897, § 6241.) 

288. County Treasurer's credits. 3. Said County Treas- 
urer shall, thereafter in his settlement with the County Auditor, 
made as required by law, on the third Monday of April, and 
the first Monday of i^ovember, in each year, present such qui- 
etuses to the County Auditor, who shall give such County Treas- 
urer credit therefor as against the sums with which he is charge- 
able upon account of the collection of such school taxes. (R, 
S. 1894, § 5746; R. S. 1897, § 6242.) 

1. KEPEAI.ING Section. The fourth section expressly repeals the act of 
1889, p. 432, on the same subject. 

[1901, p. 10. Approved and in force February 13, 1901.] 

289. School and library tax in cities of 15,000 and 

30,000. 1- In all cities in the State of Indiana where Boards 
of School Commissioners have been elected and are managing 
the school affairs of said city under an act of the General As- 
sembly of the State, of Indiana, entitled "An act providing for 
a general system of common schools in all cities of thirty thou- 
sand or more inhabitants, and for the election of a Board of 
School Commissioners for such cities, and defining their duties 
and prescribing their powers and providing for common school 
libraries within such cities," approved March 3, 1871, and the 
various acts of the General Assembly amendatory thereof and 
supplemental thereto, and in all cities in the State of Indiana 
of 15,000 or more inhabitants, where Boards of School Trustees 
have been elected and qualified under an act of the General As- 
sembly of the State of Indiana, entitled, "An act to amend 
Section one of an act entitled 'An act to amend an act entitled 
'An act to provide for a general system of common schools, the 
officers thereof and their respective powers and duties, and mat- 
ters properly connected therewith, and prescribing the fees for 
certain officers therein named, and for the establishment and 



240 SCHOOL LAAV OF INDIANA, 

regulation of township libraries, and to repeal all laws incon- 
sistent there witli, providing penalties therein prescribed, ap- 
proved March 6, 1865, and adding siipplemental'sections thereto,' 
approved March 8, 1873," (approved March 12, 1875), being 
Section 4439 of the Revised Statutes of 18^1, such Board of 
School Commissioners be and they are hereby authorized and 
empowered to issue bonds in any sum not exceeding one hun- 
dred thousand dollars, for the purpose of erecting buildings for 
library and school offices to be used in connection with the 
common schools of said city. Such bonds to bear interest not 
exceeding tive per cent, per annum payable after eleven years 
from the date thereof and within twenty years from the date 
thereof, as follows, to-wit : One-tenth thereof to be paid eleven 
years from date, and one-tenth thereof to be paid each succeed- 
ing year until all are paid ; the money obtained from the sale 
of such bonds shall be disbursed by said Board of School Com- 
missioners and said Board of School Trustees, respectively, in 
the erection of a building for the library and school offices to 
be used in connection with the common schools of said city. 
Such bo-nds shall be designated "Library Building Bonds," and 
may be issued in such denominations, and in such sums from 
time to time as the Board of School Commissi(mers, or the 
Board of School Trustees, respectively, may deem expedient; 
and each of said bonds shall upon its tace designate the date of 
the maturity thereof: Provided, That at no time shall the 
amount of bonds so issued for such purpose by any such Board 
of School Commissioners exceed the sum of one hundred thou- 
sand dollars; and that said Board of School Commissioners, or 
said Board of School Trustees, shall have no power to issue any 
renewal thereof, but the same shall be paid at maturity as here- 
inafter provided : And, jjrovided further, That such bonds shall 
not be sold for less than their par value. 

1. Th» act referred to is ^? 169 to 214. 

290. Payment of bonds. 2. If the Board of School Com- 
missioners, or the Board of School Trustees, in any city shall 
exercise the powers granted to it by this act, it shall provide 
for the payment of said bonds as follows : At the time of the 
levying of the taxes for the year which shall be collectible imme- 



SCHOOL LAW OF INDIANA. 241 

diately before the maturity of tlie first maturing of said bonds, 
said Board of School Commissioners and said Board of School 
Trustees, respectively, shall lev}^, in addition to the levy of taxes 
they may be authorized to make for other purposes, a tax upon 
all property subject to taxation by it sufiicient to pay the 'first 
maturing of such bonds, and apply the money raised therebj^ to 
the payment thereof; and each year thereafter said Board of 
School Commissioners and said Board of School Trustees, re- 
spectively, shall levy such tax, and apply the proceeds thereof 
to the payment of the bonds successively maturing until all 
shall have been paid. 

[1901, p. 81. Approved and in force March 4, 1901.] 

292. City and town tax for library — Subscription. 1. 

The Common Council of any city, or the Town Board of any 
incorporated town within this State desiring to establish, in- 
crease and maintain a public library in such city or tow^n, open 
to and for the use and benefit of all the inhabitants thereof, 
may levy a tax annually of not to exceed six-tenths of a mill 
on each dollar of all the taxable property assessed for taxation 
in such city or town, as shown by the tax duplicate for the year 
immediately preceding the fixing of such levy, which tax shall 
be placed on the tax duplicate of such city or town and collected 
in the same manner as other taxes are levied and collected, and 
such levy shall be certified to the Clerk of the Circuit Court. 
If the Common Council of such city, or the Town Board of 
such incorporated town do not make such levy they shall do so 
at the next ensuing levy, and annuall}^ thereafter, after taxpay- 
ers of such city or town raise by popular subscription, for each 
of the two years. immediately following the elate of the comple- 
tion of such suJDScription, a sum of money equal to the amount 
that would be derived from a tax levy of two-tenths of a mill 
on each dollar of the taxable property assessed for taxation in 
such city or town as shown by the tax duplicate immediatel}^ 
preceding the completion of such subscription : Provided, That 
not more than two per cent, of the entire amount necessary to 
be subscribed shall be subscribed by any one person, firm or 
corporation of such city or incorporated town. The amount of 
money so subscribed, as herein provided, for public library 

16— ScH. Law. 



242 SCHOOL LAW OF INDIANA. 

purposes, shall be made to fall due and be payable in 
eight equal quarterly installments, the first installment shall 
become due and be payable on the first Monday of the second 
month following the date of the completion and filing of such 
subscription, as hereinafter provided, and one installment shall 
become due and be payable on the first Monday of each third 
month thereafter, till all of each subscription is paid. The sub- 
scriptions shall be collected by the Public Library Board, 
hereby created, as hereinafter provided. 

293. Subscriptions filed with Clerk of Circuit Court. 2. 

The subscription list for said money shall be filed with the 
Clerk of the Circuit Court of the county in which such city or 
incorporated town is located. The said Clerk of the Court im- 
mediately thereafter shall notify the Judge of the Circuit Court 
of said county that such subscription has been filed, and he 
shall likewise notify the Common Council or Town Board and 
the Board of School Trustees of such city or town proposing to 
establish a public library, that said subscription has been filed. 
The original subscription list shall be preserved by the Clerk 
of the Circuit Court and by him placed iu tlie hands of the 
Public Library Board, when the Board shall have been ap- 
pointed as hereinafter provided. 

294. Members of Library Board, Appointment — Quali- 
fication. 3. Within ten days after the said Judge of the Cir- 
cuit Court shall have been notified, as above provided, that such 
subscription list has been filed with the Clerk of the Circuit 
Court, if one has been filed to secure the levying of such tax, 
or that the Common Council has certified to such Clerk that the 
levy as provided herein has been made, it shall be the duty of 
said Judge to examine such subscription list, an,d if it be found 
that an amount of solvent subscription has been made, equal to 
the amount required by Section 1 of this act, then he shall order 
cop3^ of such subsc^'iption list spread upon the records of said 
court, and he shall appoint three persons, resident of such city 
or town, as members of such Public Library Board, one of 
whom he shall appoint for one year, one for two years and one 
for three years from the date of this [their] appointment, and 
all appointments so made by the Judge of the Court shall be 



SCHOOL LAW OF INDIANA. 243 

entered in the order books of said court. Within ten days after 
the Common Council or the Town Board and the Board of 
School Trustees have been notified, as above provided, each 
body shall appoint two persons, also residents of such city or 
town, not otherwise appointed as members of such board, who 
shall become members of such Public Library Board. The 
members so appointed by the Common Council or Town Board 
at the first appointment under this act, shall serve for a period 
of one year, and after the first appointment, all appointments 
made by the Common Council or Town Board shall be for a 
period of two years. The Board of School Trustees shall ap- 
point its members for a term of two years, who may be from 
their own board, and all members appointed as herein provided, 
shall serve until their successors are appointed and Cjualified : 
Provided, That women may be eligible to appointment as mem- 
bers of such Public Library Board, aud not less than three of 
the members appointed shall be women. The Judge, Common 
Council or Town Boai^d, and the Board of School Trustees, in 
making the appointments, shall select persons of well-known 
probity, integrity, business ability and experience, and who are 
fitted for the character of the work they are to perform, and 
who shall have resided for a period of not less than five years 
immediately preceding their appointment in the city or town 
for which they are appointed, and who shall not be less than 
twenty-five years of age at the time of appointment, and who 
shall serve without compensation for services. In case of a va- 
cancy on such board from any cause, it shall be the duty of said 
Judge, Common Council or Town Board, and the Board of 
School Trustees to fill such vacancy occurring in the membership 
appointed by each respectively. 

295. Certificates of appointment — Oath. 4. All appoint- 
ments to membership on the Public Library Board shall be evi- 
denced by certificates of appointment, duly signed by the Judge 
as to members appointed by him, by the Mayor or President of 
the Town Board, and by the President of the Board of School 
Trustees as to members respectively appointed by them, which 
certificates of appointment shall be handed to or mailed to the 
address of the appointee. Within ten days after receiving such 
certificate of appointment such appointee shall qualify by tak- 



244 SCHOOL LAW OF INDIANA. 

ing: the oatli of office before the Clerk of the Court, that such 

CI ^ 

appointee will faithfully discharge the duties as a member of 
the Public Library Board to the best of his ability, and shall 
jS.le such certificate, Avith the oath endorsed tliereon, with the 
Clerk of the Circuit Court of the county in which such library 
is to be established. 

296. Organization. 5. Within five days after all the 
members of such Board shall have been appointed and qualified, 
they shall meet and organize by electing one of their number 
president, one vice-president and one secretary, and shall select 
such committees or executive board as they may deem neces- 
sary to carry on the work of the Board. 

297. Library Board — Powers. 6. The seven members 
thus appointed shall constitute and be knoMai as the Public 
Library Board and shall have the control of the public library 
funds, and the custody and control of all the books and other 
property of every name and description, and shall have the 
power to direct all the affairs of such public library ; and such 
Public Library Board, in the name of the library, shall be em- 
powered to receive donations, bequests and legacies, and to re- 
ceive and convey real estate for and on behalf of such library, 
and shall be entitled to receive from the Public Library Com- 
mission copies of all documents and publications of the State 
available for distribution. They shall have the power to make 
and enforce rules for the management of such libraries as they 
may deem necessary, and to employ librarians and assistants. 

298. Subscriptions collected— Buildings— Tax. 7. When 
such Public Library Board shall have organized for the trans- 
action of business, there shall be placed in its hands by the 
said Clerk of the Circuit Court the original subscription list, if 
any has been made, for the procuring of the levy of the tax, as 
herein provided, and it shall be the duty of such Library Board 
to collect quarterly all money subscribed, as the same becomes 
due, as provided for in Section 1 of this act, and pay the same 
over to the Treasurer of such city or town, and to expend the 
same in the establishment, equipment, enlargement and man- 
agement of a public library, in the manner as provided for in 



SCHOOL LAW OF INDIANA. 245 

Section eight, which shall be open to and for the use and benelit 
of all the inhabitants of the city or town in which the same is 
located, and such Library Board may use such sum for the pur- 
chase of a building site and the erection of a library building 
as the Board may decide. It shall be the duty of such Library 
Board to determine the rate of taxation that shall be necessary 
to establish, increase, equip and maintain the public library and 
certify the same to the Common Council or Town Board and 
to the County Auditor : Provided, That said levy shall not ex- 
ceed six-tenths of a mill on each dollar of all the taxable prop- 
erty assessed for taxation in such city or town, as shown by the 
tax duplicate for the year immediately preceding the fixing of 
such levy. When the assessment for such public library pur- 
poses shall be certified to the Common Council or Town Board 
and the Auditor, by the Public Library Board, the same shall 
be placed upon the tax duplicate of such county and city or 
town and collected in like manner as other taxes are levied and 
collected. 



Tax, how used. 8- The tax so levied as provided 
for in sections 1 and 7 of this act shall be held and kept as a 
separate fund by the Treasurer of such city or incorporated 
town for public library purposes, as herein provided, and he 
shall pay out the same for library purposes only upon the war- 
rant of the President of the Library Board, countersigned by 
the Secretary thereof. The Treasurer of such city or town 
shall be liable on his ofiadal bond for the faithful performance 
of the duties imposed upon him by this act. 

299. Use of library— Certificate of membership— Town- 
ship may use. 9- When a public library- shall have been 
established in any city or incorporated town in this State under 
the provisions of this act, such lib)-ary shall be open and free 
for the use and benefit of all the inhabitants of the township in 
which such library shall be located, provided the Township Ad- 
visory Board of the township in which such library is located, 
shall levy and collect a tax of two-tenths of a mill on each dol- 
lar of ail the taxable property assessed for taxation in said 
township, as shown by the tax duplicate for the year immedi- 
ately preceding the fixing of such levy, exclusive of the prop- 



246 SCHOOL LAW OF INDIANA. 

erty of sucli city or town already taxed for said library, and 
collect and pay the same over to the Treasurer of such city or 
town where such library is located, to be held by such Treas- 
urer as a part of the public library fund. Said library shall 
remain open and free for the use and benefit of all the inhabit- 
ants of such township, so long as said tax as herein provided 
and specified shall be levied, collected and paid over to the 
Treasurer of such city or town for the use of said library board 
for the purpose herein named. When the public library of any 
city or town is not so open and free for the use and benefit of 
the inhabitants of any township, by reason of such township 
failing to levy and collect the tax herein required, the Public 
Library Board may issue and sell certificates or library cards to 
any person or family resident in such township at such annual 
fee as may be deemed by them to be a fair compensation for 
such privilege, and such library cards shall give to the pur- 
chaser thereof the same rights and privileges as the inhabitants 
of the city or incorporated town. 

300. Donation of library. 10. If any city or incorpo- 
rated town in this State where a library of the value of an 
amount equal to the amount of money that would be derived from 
a tax levy of three-tenths of a mill on each dollar of A'^aluation of 
the taxable property within such city or town assessed for taxa- 
tion, as is shown by the preceding tax duplicate of said city or 
town, is already established and maintained under any existing 
law of this State, and whenever the Managing Board of such 
library already so existing and maintained shall tender the 
ownership, custody and control of said library free of expense 
to such Public Library Board for the uses and purpose of a 
public library as contemplated by this act, which tender of cus- 
tody and control thereof shall be evidenced by a certificate 
issued by the Managing Board thereof and filed in triplicate 
with the Clerk of the Circuit Court of the county wherein said 
city or town is located, with the Clerk of said city or town and 
the Secretary of the Board of School Trustees in the manner 
and form as prescribed in the certificates of popular subscrip- 
tion contained in section 2 of this act, which certificates shall 
show the value of such library. A Public Library Board shall 
be appointed as in the manner as set forth in this act, except 



SCHOOL LAW OF INDIANA. 247 

sncli Board shall be aiDpointed only when the Common Council 
or Town Board have decided by a majority vote of the mem- 
bers thereof to accept such library and to levy annually and 
collect a tax as other taxes are levied and collected, and not to 
exceed six-tenths of a mill on each dollar of valuation of taxa- 
ble property of such city or town, as herein specified. Said 
Council or Town Board shall certify its said decision of accept- 
•ance, attested by the Clerk of said city or town, and the Mayor 
of such city or President of such Town Board to the Judge of 
the Circuit Court and the Secretary of said Board of School 
Trustees, whereupon said Judge, City Council or Town Board 
and Board of School Trustees shall proceed to appoint said 
Public Library Board in the manner and form and to all intents 
and purposes as is done by the voluntary levy of such tax by 
the Council or Town Board, or the popular subscription filed 
with the Clerk of tlie Court as hereinbefore provided. 

301. Removal of member of Board. 11. The Judge of 
the Circuit Court, the Common Council or ToAvn Board and the 
Board of School Trustees may at any time, for cause shown, 
remove any member of such Library Board that may have 
been appointed by each, respectively, and fill the vacancy occa- 
sioned thereby as provided for in section three of this act. 

302. Treasurer's report. 12. The Treasurer of such city 
or incorporated town, operating libraries under this act, shall 
make and file with the Common Council or the Town Board 
thereof, not later than the 15th day of January of each year, an 
itemized statement, under oath, of all the receipts and disburse- 
ments of such Public Library Board for the year ending De- 
cember 31, immediately preceding the making and filing of such 
report, and such report shall contain an itemized statement of 
the sources of all receipts, all disbursements made and the pur- 
pose for which the same were made, and such annual report 
shall be open to inspection of the citizens of such city or town, 
and also the township in which such city or town is located, 
providing the township has complied with the provisions of 
section 9 herein. 

303. Repealing section. 13. All laws and parts of laws 
in conflict with the provisions of this act are hereby repealed : 



248 SCHOOL LAW OF INDIANA. 

Provided, That tliis act shall not interfere with the maintenance 
or management of any existing library already established and 
operating nnder the laws of this State. 

[1901, p. 14. Approved and in force February 13, 1901.] 

304. Libraries in cities of 3,500 to 4,000. 1. Cities 
having a population of thirty-fiYe hundred by the census of 
1900, and not more than four thousand, be, and they are hereby, 
authorized to accept a tender of the custody and control of li- 
braries established by library associations, incorporated or other- 
wise, provided such libraries contain at least three thousand 
volumes, and to levy a tax of not more than five cents on the 
one hundred dollars of valuation of taxable property within 
such cities for the maintenance thereof. 

1. Note. This statute applies only to Auburn, Garrett, Gas City, Green- 
castle, Plymouth, Tipton, Warsaw, Whiting and Winchester. It does not apply 
to towns having over 3,500 and less than 4,000 inhabitants according to the census 
of 1900. , ■ 

30.5. Acceptance of library. 2. Such acceptances shall 
be indicated by a resolution of the Common Council of such 
city, whereupon the Mayor of said city shidl jippoint three 
reputable citizens of said city, not more than t^vo of whom shall 
belong to the same political party, as a Board of Library Direc- 
tors, one member of said board to serve until the first day of 
June next succeeding, one member of said board to . serve 
until one year thereafter, the said first day of June next 
succeding, and one member of said Board to serve until 
two years thereafter, said first day of June next succeeding, and 
a member of said board shall be appointed by the Mayor of 
said city each year whose term of ofiice shall commence on the 
first day of June of that year. Such board shall organize on 
the first day of June of each year by electing one of its number 
as president, one of its number as secretary, and one of its 
number as treasurer, which treasurer shall give a bond with free- 
hold sureties subject to the approval of the Common Council, 
to faithfully account for all funds which may come into his 
hands as such treasurer. They shall be sworn by the Mayor to 
an honest and faithful discharge of their duties. The bond of 
the treasurer shall be made payable to the qity,, 



SCHOOL LAW OF INDIANA. 249 

306. Payment of taxes — Control. 3. The Treasurer of 
the Board of Library Directors shall receive from the City 
Treasurer all taxes collected for library purposes and pay out 
the same on the order of the board. The Board of Directors 
shall have the custody aud control of such library, subject to 
any rules adopted b}', or orders of the Common Council, employ 
a librarian, if the members of said board deem it necessary, fix 
and pay the compensation of such librarian, pay all necessary 
expenses of maintaining such library, and buy new books to add 
to such library as the library* fund may justify, but in no case 
shall such board be authorized to incur any liabilities in excess 
of tlie available funds on hand. 

307. Privileges of library. 4. Any resident of said city 
shall ])e entitled to the use of the books in such library free of 
charge upon compliance with such rules and regulations as may 
be prescribed by the Board of Directors, and the Board of Di- 
rectors may prescribe such rules and regulations as they may 
see fit for the government and control of such libraries, if the 
said rules and regulations are not in conflict with any order of 
the Common Council of such city with reference to such library, 
and the government and control thereof. Such Board of Direc- 
tors shall make a detailed report to the Common Council at the 
end of each annual term, accompanied by the report of the 
treasurer and showing all receipts and expenditures by him, and 
attested by the president and secretary. Such directors shall 
serve without compensation for services. 

> 

308. Removal of Directors. 5. The Common Council or 
the Mayor, upon cause shown, may at any time remove any 
member of the Board of Library" Directors, and upon such re- 
moval or the creation of a vacancy otherwise, the Mayor shall 
fill the vacancy by appointment. 

309. Library fund. 6. The tax authorized by Section 1 
of this act shall be levied and collected as other taxes are levied 
and collected, but shall constitute a special fund to be known as 
the library fund. 



250 SCHOOL LAW OF INDIANA. 

[1865, p. 3. Approved and in force March 6, 1865.] 

310. Township Trustee in charge. 136. Such library 
shall be in charge of the Township Trustee, shall be deemed 
the property of the township, and shall not be subject to sale or 
alienation from any cause whatever. (11. S. 1881, §4529; R, S. 
1894, § 6020 ; E. S. 1897, § 6245.) 

1. Note. This section is, repealed, except so much as relates to sale or 
alienation of the library. 

311. -Trustee's duties. 137. Such Trustee shall be ac- 
countable for the preservation (?f said library; may prescribe 
the time of taking and the period of retaining books ; assess 
and recover damages done to them by any person ; and adopt 
regulations necessary for their preservation and usefulness. He 
shall provide book-cases ; also, blank books, ruled, in which 
to keep an account of books taken out and returned; and re- 
port the number each year to the County Superintendent. At 
the commencement of each school term, at each school house 
in the township, he shall cause a notice to be posted up, stating 
where the library is kept, and inviting the free use of the books 
thereof by the persons of the township. (R. S. 1881, § 4530 ; 
R. S. 1894, § 6021 ; R. S. 1897, § 6246.) 

1. Note. This section is repealed, except so much as relates to giving notice 
where the library is kept. 

312. Use of books. 138. Every family in the township 
shall be entitled to the use of two volumes at a time from said 
library, whether any member of such family shall attend school 
or not. (R. S. 1881, §4531; R. S. 1894, §6022; R. S. 1897, 
§6247.) 

313. "Where kept. 139. The Trustee may deposit the 
library at some central or eligible place in the township, for the 
convenience of scholars and families, and may appoint, for that 
purpose, a librarian to have the care and superintendence there- 
of. (R. S. 1881, § 4532 ; R. S. 1894, § 6028 ; R. S. 1897, § 6248.) 

1. Note. The Township Library Commission has charge of the library. 

2. It is quite probable that the courts would hold sections 312 and 313 void 
on account of subsequent legislation. 

314. When open. 140. The library shall be open to all 
persons entitled to its privileges throughout the year, without 
regard to school sessions, Sundays and holidays excepted. (R. 
S.1881, §4533; R. S. 1894, §6024; R. S. 1897, §6249.) 



SCHOOL LAW OF INDIANA. 251 

[1885, p. 9. Approved and in force February 18, 1885.J 

315. Tax levy for library. 1. Any township in which 
there has been, or may hereafter be, established by private dona- 
tions, a library of the value of one thousand dollars, or more, 
for the use and benefit of all the inhabitants thereof, the Town- 
ship Trustee of such township shall annually levy and collect 
not more than one cent on the hundred dollars upon the taxa- 
ble property within the limits of such township, which shall be 
paid to the t-rustees of such libraiy, and be applied by them to 
the purchase of books for said library, and may, with the con- 
sent of the Board of Commissioners of the county, when it 
shall become necessary to erect or enlarge a library Imilding, 
annually, for such period as may be necessary, lev}^ and collect 
not more than five cents on the one hundred dollars upon the 
taxable property of said township, for not more than three 
years successive!}^, which shall be expended by the Trustees in 
the erection or enlargement of a library building. (R. S. 1894, 
§4986; R. S. 1897, §''5150.) 

1. Note. There is an act (Acts 1901, p. 187) which applies only to the city 
of Jeffersonville. 

2. Section 315, above, is probably void on account of subsequent legislation. 

[1899, p. 228. Approved and in force March 2, 1899.] 

316. Office of librarian abolished. 1. In any township 
in this State in which there has been or may hereafter be estab- 
lished by private donations a library of the value of one thou- 
sand dollars or more, for the use and benefit of all the inhabi- 
tants thereof, the Board of Commissioners of the county in 
which such township is situated may, upon due proof thereof, 
by proper order entered upon its records, abolish the ofiice of 
township librarian and require and order that the township 
library in the hands of the Township Trustee or the librarian 
thereof (including all the books, papers, records, furniture and 
paraphernalia pertaining thereto), be turned over and trans- 
ferred to the Trustees or other managing officers of such library 
established, as aforesaid. 

1. Note. This and the next section are probably repealed bv sections 252 to 
303. 

317. Library discontinued. 2. That in the event said 
Library Association so established or to be established, shall 



252 



SCHOOL LAW OF INDIANA. 



from any cause cease to exist or to perform its duties to tlie 
inhabitants of such township, then all its property of every 
kind shall be turned over to and become the property of such 
township. 

318. Legalizing section. 3. All Library Associations of 
this State which purport to have been organized and estab- 
lished pursuant to the provisions of the laws of this State, for 
the use and benefit of all the inhabitants of any township in 
this State, and to which private donations to the amount of 
one thousand dollars or more have been subscribed, are hereby 
legalized, made valid and declared to be legal library corpora- 
tions within the purview of this act, and all records, proceed- 
ings, subscriptions to and acts of the said Library Associations 
are hereby ratified, legalized and made valid. 



CHAPTER XYIII. 

HISTORICAL SOCIETY. 



Sec. 

319. Appropriation out of county treasury- 

Kooms and vaults. 

320. Society discontinued — Eifect. 

321. More than one society in county. 



Sec. 

322. Control of rooms and vaults. 

323. Control of rooms after society discon- 

tinued. 



[1901, p. 542. Approved March 11, 1901. In force May, 1901.] 

Appropriation out of county treasury — Rooms and 

vaults. 1. Ill any county of the State of Indiana where there 
now is or may hereafter be a historical society, or local branch 
of a historical society which at the time of making petition, 
shall have maintained its organization and have been actively 
engaged in the collection of data and material for, and in the 
preservation of county and State history and biography for a 
period of not less than five consecutive years, during which it 
shall have held at least one meeting in each year at which 
papers shall have been read or addresses made, in the presence 
of the public, upon matters connected with the history of the 
county and State, the County Council of such county may, 
upon the petition of the president and secretary of such his- 



SCHOOL LAW OF INDIANA. 253 

torical society and not less than fifty voters and taxpayers of 
the county, having been presented to the County Commission- 
ers at a regular session of the Board, and by the Commissioners 
referred to the County Council at a regular or called session 
thereof, with estimates and recommendations as to amounts of 
such appropriation, or appropriations, as provided for in Section 
nineteen (19) of an act entitled an act concerning county busi- 
ness, approved March 3rd, 1899, appropriate out of any moneys 
in the county treasury, not otherwise appropriated, a sum, or 
suras of money not to exceed in the aggregate five thousand 
dollars (|5,000) for the construction and furnishing of rooms 
and fireproof vaults for the meetings of such historical society 
and for the preservation of the records of such society and his- 
torical papers, souvenirs and natural history collections. Such 
sum of five thousand dollars or less, to be appropriated at one 
time or at various sessions of the County Council ; such rooms 
and vaults to be provided in connection with count}" courthouses 
or constructed separately upon land belonging to the county 
and to be the property of the county. Such rooms and vaults 
to be built and maintained for the purposes enumerated in this 
act by the County Commissioners and under their supervision 
as provided in Section thirty-one (31) of an act entitled an act 
concerning county business, approved March 3rd, 1899. 

320. Society discontinued — Effect. 2. Should the his- 
torical society for which and upon whose petition such rooms 
and vaults shall have been provided by the county, as pre- 
scribed in this act, fail or voluntarily surrender to the county 
its rights and privileges thereto, or discontinue its meetings for 
a period of two consecutive years, all its papers, records, collec- 
tions of every kind and furniture shall become the property of 
the county, and the County Commissioners shall provide for the 
safe keeping of the same before subjecting the rooms or vaults 
to other uses of or by the county; but this provision shall not 
be so construed as to prevent persons who shall have con- 
tributed papers or historical or biographical data from making- 
copies thereof for their own private use and profit. 

321. More than one society in County. 3. Should there 
at any time be more than one reputable historical society, society 
devoted to some branch of historical or biological investiga- 



254 SCHOOL LAW OF INDIANA. 

tions in any county in wliicli such rooms and vaults or perma- 
nent buildings as are provided for in this act shall have been 
built, it may be admitted to their use upon such conditions, to- 
be determined by the County Commissioners, as shall not inter- 
fere with the rights and privileges of the original society ; but 
appropriations of money shall be made only for one set of 
rooms and vaults or separate buildings for such purposes in the 
county. 

322. Control of rooms and vaults. 4. Such rooms, or 
buildings and vaults, as may be constructed in any county of 
the State of Indiana, under the provisions of this act shall be 
under the joint control of the historical society for the uses of 
which they shall be constructed, and its legitimate successors, 
and the Board of County Commissioner under such rules as 
they may, by their concurrent action, establish ; but such his- 
torical society or societies shall alone be responsible for all bills 
for printing, publication, stationery, records and other expenses 
of every kind incurred in the prosecution of its or their work, 
except such costs for the construction and maintenance of the 
rooms or buildings and vaults as are heretofore provided for in 
this act. 

323. Control of rooms after society discontinued. 5. 

Upon or after the forfeiture or voluntary surrender of the occu- 
pancy of the rooms or buildings and vaults to the county by the 
historical society for which they were constructed, the County 
Commissioners may place them in charge of another society or- 
ganized for similar purposes as the original society, if such 
society exist in the county, or shall be organized to the satisfac- 
tion of the board ; but preference shall be given to a resumption 
of the old society, or a reorganization thereof, and any society 
that shall accept the use and care of the property and occupancy 
of the rooms or buildings and vaults, shall be accountable to the 
county for the same and they shall continue to be the property 
of the county as in the first case. The purposes of this act 
being to create and perpetuate a system for the collection and 
preservation of local and general history, making a record of 
the progress of the several counties of the State, and providing 
permanent nuclei for individual and family history and local ob- 
servation of natural phenomena, 



SCHOOL LAW OF INDIANA. 



255 



CHAPTER XIX. 

GENERAL PEOVISIONS. 



Sec 






Sec 




324. 


Suits, how brought. 




329. 


Oaths. 


325. 


Costs. 




330. 


Women eligible to school oflftces. 


326. 


Process, how executed. 




331. 


Bond binding. 


327. 


Appeals from Township 


Trustee. 


332. 


When Township Trustee elected. 


328. 


Appeals from County Su 


perintendent. 


333. 


County Commissioners fill vacanc 



[1865, p. 3. Approved and in force March 6, 1865.] 

324. Suits, how brought. 145. Suits brought on behalf 
of the schools of any township, town or city, shall be brought 
in the name of the State of Indiana, for the use of such towai- 
ship, towni or city. (R. S. 1881, § 4534; R. S. 1894, § 6025; 
R. S. 1897, § 6250.) 

1. How Suit May Be Brought. An action brought in the name of the 
State, for the use of a city, "as a distinct municipal corporation for school pur- 
poses," is rightly brought. — Hadley v. State, 66 Ind. 271. 

2. How Should Be Brought. Bringing an action in favor of the township 
witliout designating it as a school township will be construed as bringing it in 
favor of the civil township, and not in favor of the school township. — Utica Tp. 
V. Miller, 62 Ind. 230; Jarvis v. Shelby Tp., 62 Ind. 257. 

325. Costs. 146. Any person who shall sue for, or on 
account of, any decision, act, refusal or neglect of duty of the 
Township Trustee, for which he might have had an appeal, 
according to the provisions of the preceding section, shall not 
recover costs. (R. S. 1881, § 4535; R. S. 1894, § 6026; R. S. 
1897, § 6251.) 

1. Note. The "preceding section " here referred to evidently means ? 327. 
The costs are the costs made in the court. 

326. Process, how executed. 144. Process in such suits 
against a school township, town or city, shall be by summons, 
executed by leaving a copy thereof with the Trustee [or School 
Trustees] of such township, town or city, ten days before the 
return-day thereof; and in case of an appeal, similar notice of 
the time of hearing thereof shall be given. (R. S. 1881, § 4536 ; 
R. S. 1894, § 6027 ; R. S. 1897, § 6252.) 



256 SCHOOL LAW OF INDIANA. 

327. Appeals from Township Trustees. 164. Appeals 
shall be allowed from decisions of the [Township] Trnstees, rel- 
ative to school matters, to the County Superintendents, who 
shall receive and promptly determine the same, according to 
the rules which govern appeals from Justices of the Peace to 
Circuit Courts, so far as such rules are applicable ; and their de- 
cisions of all local questions relating to the legality of school 
meetings, establishment of schools, and the location, building, 
repair, or removal of school houses or transfer of persons for 
school purposes, and resignation and dismissal of teachers, shall 
be final. (R. S. 1881, §4537; R. S. 1894, §6028; R. S. 1897, 
§ 6253.) 

1. Location of LIouses. The County Superintendent has no power, on 
appeal, to require a school house to be erected on land not belonging to the town- 
ship. Otherwise his decision is final, but only as to the particular case before 
him. The Trustee may at once relocate at a different place. — Koontz v. State, 44 
Ind. 323; State v. Mewhinney, 67 Ind. 397. 

After the location has been fixed by the County Superintendent, on appeal, 
the Township Trustee may change it, subject to appeal. But if there be no sub- 
sequent change after the County Superintendent has determined upon the loca- 
tion, the Trustee may be compelled, by mandate, to execute the oi"der. — Trager v. 
State, 21 Ind. 317. 

No appeal to the Superintendent can be taken from the action of a Trustee in 
making a contract with any one, either for building a school house, or like con- 
tracts, nor in regard to any criminal or fraudulent act of a Trustee, nor upon the 
mere breach of a contract, iior upon the dismissal of a teacher in a city or town. 
This is a question for the courts. — City of Crawfordsville v. Hays, 42 Ind. 200. 

A suit to set aside a contract for the building of a school house, and to enjoin 
the doing of the work, on the ground of fraud on the part of the Township Trustee 
in making the contract, is properly brought in the name of the State for the use of 
the township; for the remedy provided by an appeal to the County Examiner is 
not exclusive in such cases, the matter involved not being "a local question relat- 
ing to the building of school houses." — State v. Earhart, 27 Ind. 119. But the 
remedy of appeal to the Superintendent is exclusive when "relative to school 
matters," and for the purpose of preventing vexatious and expensive litigation it 
is provided that his decision shall be final in regard to certain enumerated sub- 
jects. — Fogie V. Gregg, 26 Ind. 345. 

Eegulations adopted by persons in charge of a school are analogous to by-laws 
enacted by municipal and other corporations, and both will be annulled by the 
courts, when found to be unauthorized, against common right, or palpably unrea- 
sonable.^ — State V. White, 82 Ind. 278. 

2. Extent of Jurisdiction of Courts. Upon any question arising out of 
the dismissal of a teacher, if the teacher has suffered an}' damages, he may bring 
a suit against the township to recover whatever loss he has sustained. The court 
can only examine whether just cause existed for his dismissal, in order to see if 
he is entitled to damage for a wrongful dismissal, but can not reinstate him as a 



SCHOOL LAW OF INDIANA. 257 

teacher, for as to that the Siiperinteiident's decision is final. But on all tho.se 
questions relating to the government and control of schools and school buildings, 
and school regulations, such as the establishment of schools, and the location, 
building, repair or removal of school house, or transfer of persons for school pur- 
I)Oses or even the attachment of a person to a certain school, and resignation of 
teachers, his decision is final, and no action can be maintained in the courts 
touching the same. This must necessarily be so, for courts can not undertake the 
superintendency of school matters. Upon a question of fraud in holding a 
school meeting, it is difficult to see how any question can arise so that courts can 
exercise any jurisdiction over it; it is believed there is none. 

3. Trial of Appeals. When the County Superintendent has received a 
complete transcript of the case in controversy, he should fix a day for the trial, 
and all parties to the case should be notified of the subject matter and the time 
and place of the trial. The case should then be tried de novo. No case should be 
decided by the Superintendent from the transcript alone, without first giving all 
parties an opportunity to be heard. If after sufficient notice either appellee or 
appellant fails to appear, then, and only then, should the case be decided from 
the transcript. Upon appeal the case is tried de novo upon its merits. 

4. Superintendent's Decision Final. The Superintendent's decision pro- 
hibiting the erection of a school house on a location selected by the Trustee is 
within his jurisdiction, and is final and binding on the Trustee. — Knight v. "Woods, 
129 Ind. 101. 

5. Trustee's Discretion. If a Trustee, acting in good faith, discontinues a 
school on account of the smallness of the attendance, the courts will not review 
his decision, nor will mandamus lie to compel him to re-establish the school. — 
Tufts V. State, 119 Ind. 232. 

* 6. Record of Decision. Failure or refusal on the part of a Trustee to make 
a record of his decision will not prevent an appeal being taken to the County Su- 
perintendent.— Tufts ?;. State, 119 Ind. 232. 

7. Kefusal to Decide. A refusal of a Trustee to decide a question pre- 
sented properly to him will not pi-event an appeal being taken from him; for his 
refusal is a decision against the person who made the request for a decision. — 
O'Brien v. Moss, 131 Ind. 99. 

8. Transfer. An appeal lies from a refusal of a Trustee to make a transfer 
of a pupil. Edwards v. vState, 143 Ind. 84. 

9. Location of School House. An appeal lies from the Trustee concern- 
ing the location of a school house. — Kessler v. State, 146 Ind. 221. So of a joint 
school house. — Henricks v. State, 151 Ind. 454. 

328. Appeals from County Superintendent. 165. Ap- 
peals shall be allowed from the decisions of County Superin- 
tendents to the Superintendent of Public Instruction on all 
matters not otherwise provided for in the next preceding sec- 
tion ; and the rules that govern appeals from Justices of the 
Peace to the Circuit Courts as to the time of taking an appeal, 
giving bonds, etc., shall be applicable in appeals from County 
Superintendents to the Superintendent of Public Instruction. 
(R. S. 1881, §4538; R. S. 1894, § 6029; R. S. 1897, § 6254.) 
17— ScH. Law. 



258 SCHOOL LAW OP INDIANA. 

1. Pboceduee. The same rules in regard to the time allowed for taking an 
appeal and for making transcript, etc., a^^ply in case of appeals to the State 
Superintendent as to the County Superintendent. The County Superintendent 
should make a transcript of the recoi'd, and send it, together with all papers in 
the case, to the State Superintendent, with his certiticate indorsed thei-eon. He 
must specifically certify to the facts, for example, that A B applied for a certifi- 
cate on a certain day, that upon examination a license was refused on certain 
grounds, that the inclosed papers are those made by the applicant, upon which 
he was rejected. A copy of the questions used and the appeal bond should also 
be sent. In case a refusal to license is based upon the County Superintendent's 
personal knowledge, he should make a statement of the facts, verified by afiidavit, 
and forward it, together with corroborative testimony, and the testimony given 
in favor of the accused. If an appeal is taken in due form, the State Superin- 
tendent may require the County Superintendent to forward the papers to him, 
and, upon refusal, may visit the county and make an examination into the facts 
of the case, and render a decision that will be binding on all parties interested. 

2. Trial, by State Superintendent. The appeal is tried by the Superin- 
tendent of Public Instruction upon the papers sent up. Additional aflidavits 
may be filed with him and witnesses examined. I^arties may appear before him, 
and a complete trial be had, the same as before the County Superintendent. An 
applicant for a license, who desires to appeal, should be allowed thirty days from 
the time the County Superintendent's decision is rendered, not from the time of 
examination. If the license is denied because of immorality, the County Super- 
intendent should specify in what particular the immorality consists. On appeal 
the Superintendent of Public Instruction can not grant a license; he can only 
order the County Superintendent to grant one. Should the latter refuse to grant 
it, a mandamus, at the instance of the teacher, would lie to compel him to ob^ 
the direction of the State Superintendent. If an appeal is taken and the County 
Superintendent refuses to send up the papers, a mandamus will lie to compel 
him to send them. Or the Superintendent of Public Instruction can visit the 
county and try the case there. Merely writing a letter to the Superintendent of 
Public Instruction by the party desiring to appeal, and stating that he appeals 
from the decision of the County Superintendent, does not constitute an appeal. 
The initiatory steps must be taken in the matter with the County Superintendent. 

3. Appeal as to Whole Cause. An appeal must be taken as to the whole 
case.— State v. Miller, 63 Ind. 475. 

4. Case Tried De Novo. On appeal the case is tried de novo on its merits. 



166. School officers are hereby authorized 
and empowered to admhiister all oaths relative to school busi- 
ness appertaining to their respective offices. (R. S. 1881, § 4539 ; 
R. S. 1894, § 6030 ; R. S. 1897, § 6255.) 

[1881, S. p. 718. Approved April 14, 1881. In force September 19, 18S1.] 

330. Women eligible to school offices. 1. Any woman, 
married or single, of the age of twenty-one years and upwards, 
and possessing the qualifications prescribed for men, shall be 



SCHOOL LAW OF INDIANA. 259 

eligible to any office under tlie general or special school laws 
of tills State. (R. S. 1881, § 4540; R. S. 1894, § 6031; R. S. 
1897, § 6256.) 

331. Bond binding. 2. Any woman elected or appointed 

to any ofHce under the provisions of this act, before she enters 
upon the discharge of the duties of the office shall qualif}^ and 
give bond as required by law, and such bond shall be binding 
upon her and her securities. (R. S. 1881, § 4541 ; R. S. 1894, 
§^6032; R. S. 1897, § 6257.) 

[1897, p. 69. Approved February 25, 1897. In force AprilM, 1897.] 

332. When Township Trustee elected. 1. The time of 
holding the election of Township Trustees and Assessors shall 
be changed from the general election on the first Tuesday after 
the first Monday in IToveraber, 1898, to the general election on 
the first Tuesday after the first Monday in jS'ovember, 1900, 
and at the general election on the first Tuesday after the first 
Monday in JSfoveraber of every fourth 3'ear thereafter. Said 
Township Trustees and Assessors shall C|ualify as now provided 
by law, and enter upon the discharge of the duties of their 
respective offices at the expiration of ten days after such election. 

(4) The names of the ditferent candidates for said township 
offices shall be printed on separate ballots of a yellow color and 
deposited in separate ballot boxes from that of the State and 
county ballots. Said ballot boxes shall be painted yellow, and 
said ballots and ballot boxes shall be prepared in conformity 
with the law governing said general election. (R. S. 1897, 
§6590.) 

1. Legalized. The appointment of a successor for a Trustee who had become 
insane was legalized in 1895. — Acts 1895, p. 57. 

2. Valid. This section is valid. — State v. Menaiigh, 151 Ind. 260; Larned 
r. Elliott, 155 Ind. 702; State v. Wells, 144 Ind. 231. 

[1859, p. 220. Approved and in force February 15, 1859.] 

333. County Commissioners fill vacancy. 9. All vacan- 
cies in the office of Township Trustee shall be filled by the 
Board doing county business in term time, or by the [Count}^] 
Auditor in vacation ; and every Trustee so appointed shall con- 
tinue in office till his successor is elected aiid qualified. (R. S. 
1881, § 5996; R. S. 1894, § 8071 ; R. S. 1897, § 8462.) 



260 



SCHOOL LAW OF INDIANA. 



1. Still, in Force. This act is still in force, and the Commissioners can fill 
vacancies that occur during a regular session of the Board. — Cooper v. State, 113 
Ind. 70. 

2. When Can Be Filled. A vacancy can not be filled when the Board 
meets in special term to do a particular act specifically required of it by statute. 
— Heim v. State, 145 Ind. 605. 



CHAPTER XX. 



COMPULSORY EDUCATION. 



SEC. 




SEC. 




334. 


All children must attend school — Age. 


340. 


Parental home — Incorrigible child. 


335. 


County Truant Officers - Duties — Mis- 


341. 


Confirmed truant. 




demeanor. 


342. 


Tax. 


336. 


Truant Officers in cities and towns. 


343. 


Enumeration. 


337. 


Compensation of truant officers. 


344. 


Names of children furnished Truant 


338. 


Reports. 




Officers. 


339. 


Poor children— Assistance. 


345. 


Laws repealed. 



[1901, p. 470. Approved and in force March 11, 1901.] 

334. All children must attend school — Age. 1. Every 
parent, guardian, or other person in the State of Indiana, hav^- 
ing control or charge of any child or children between the ages 
of seven (7) and fourteen (14) years, inclusive, shall be required 
to send such child or children to a public, private or parochial 
school or to two or all [more] of these schools, each school year, 
for a term or period not less than that of the public schools of 
the school corporation where the child or children reside : Pro- 
vided, fu7-ther, That no child in good mental and physical condi- 
tion shall for any cause, any rule or law to the contrary, be pre- 
cluded from attendino' schools wdien such school is in session. 



335. County Truant Officers — Duties — Misdemeanor. 2. 

The County Board of Education of each county shall consti- 
tute a Board of Truancy whose duty it shall be to appoint on 
the first Monday in May of each year one Truant Officer in 
each county^ The Truant Officer shall see that the provisions 
of this act are complied with, and wdien from personal knowl- 
edge or by report or complaint from any resident or teacher of 
the township under his supervision, he believes that any child 
subject to the provisions of this act is habitually tardy or ab- 



SCHOOL LAW OP INDIANA. 261 

sent from sclioo], lie shall immediately give written notice to 
the parent, guardian, or custodian of such child that the attend- 
ance of such child at school is required, and if within five (5) 
days such parent, guardian or custodian of said child does not 
comply with the provisions of this section, then such Truant 
Otficer shall make complaint against such parent, guardian or 
custodian of such child in any court of record for violation of 
the provisions of this act : Provided, That only one notice shall 
he required for any child in any one j^ear. Any such parent, 
guardian or custodian of child who shall violate the provisions 
of this act shall be adjudged guilty of a misdemeanor and upon 
conviction thereof shall be fined in any sum not less than five 
(|5.00) nor more than twenty -five dollars ($25.00), to which may 
be added, in the discretion of the court, imprisonment in the 
county jail not less than two nor more than ninety days. 

336. Truant Officers in cities and towns. 3. A city hav- 
ing a school enumeration of five thousand or more children, or 
two or more cities and towns in any county having a combined 
school enumeration of five thousand or more, may, in the dis- 
cretion of the County Board of Truancy, constitute a separate 
district for the administration of this act. Cities containing a 
school enumeration of ten thousand children or less shall have 
but one Truant Ofiicer. Cities containing a school enumeration 
of more than ten thousand and less than twenty thousand chil- 
dren shall have two Truant Officers. Cities containing a school 
enumeration of twenty thousand and less than .thirty thousand 
children shall have three Truant Ofiicers. Cities containing a 
school enumeration of thirty thousand and less than forty thou- 
sand children may have four truant ofiicers. Cities containing 
a school enumeration of more than forty thousand children 
may have five Truant Ofiicers to be selected by the Board of 
School Commissioners. The Truant Officers of cities and such 
separate districts shall enforce the provisions of this act in the 
manner and under such penalties as are prescribed by Section 2 
of this act. Truant Officers of cities mentioned in this section 
shall be appointed by the Board of School Trustees or Board 
of School Commissioners, respectively, of the city. 

337. Compensation of Truant Officers. 4. The Truant 
Ofiicers provided for in this act shall receive from the county 



262 SCHOOL LAW OF INDIANA. 

treasury two [dollars] ($2) for each day of actual service, to be 
paid by the County Treasurer upon warrant signed by the 
County Auditor: Provided, That no County Auditor shall 
issue a warrant upon the county treasury for such service until 
the Truant Officer shall have filed an itemized statement of time 
employed in such service ; and such statement shall have been 
certified to by the Superintendent or Superintendents of Schools 
of the corporation or corporations in which such Truant Officer 
is employed and such claim have been allowed by the Board of 
County Commissioners : Provided, further, That no Truant 
Officer shall receive pay for more da^^s than the average length 
of school term, in the county, cities or towns under his super- 
vision. 

]. Note. See Board v. Marr, 22 Ind. App. 539. 

338. Reports. 5. All school officers and teachers are here- 
by required to make and furnish all reports that may be re- 
quired by the Superintendent of Public Instruction, by the 
Board of State Truancy or the Truant Officer, with reference 
to the workings of this act. 

339. Poor children — Assistance. 6. If any parent, guar- 
dian or custodian of any child or children is too poor to furnish 
such child or children with the necessary books and clothing with 
which to attend school, then the School Trustee of the town- 
ship, or the Board of School Trustees or Commissioners of the 
city or incorporated town where such parent, guardian or cus- 
todian resides shall furnish temporary aid for such purpose, to 
such child or children, which aid shall be allowed and paid 
upon the certificate of such officers by the Board of County 
Commissioners of said county. Such Township Trustee, or 
Board of School Trustees, or Commissioners shall at once make 
out and file with the Auditor of the county a full list of the 
children so aided, and the Board of County Commissioners at 
their next regular meeting, shall investigate such cases and 
make such provision for such child or children as will enable 
them to continue in school as intended by this act. 

1. Note. See Shelby County Council v. State, 155 Ind. 216; same ease, 57 
N. E. Eep. 722. 



SCHOOL LAW OF INDIANA. 263 

340. Parental home — Incorrigible child. 7. School Com- 
misssoiiers, Trustees and Boards of Trustees are empowered to 
maintain, either within or without the corporate limits of their 
corporations, a separate school for incorrigible and truant chil- 
dren. Any child or children who shall be truant or incorrigible 
may be compelled to attend such separate school for an indeter- 
minate time. 

341. Confirmed truant. 8. Any child who absents itself 
from school habitually may be adjudged a confirmed truant by 
the Truant Officer and Superintendent of the Schools of the 
county or city. Such confirmed truant may be sentenced by 
the Judge of the Circuit Court to the Reform School for Boys, 
if a boy, or the Industrial School for Girls, if a girl, provided 
its age is within the limits set for admission to such institution. 
If deemed advisable by said Judge, such incorrigible child or 
children may be sent to such other custodial institution within 
the State as may be designated by him. For its maintenance 
in such custodial institution, the school corporation in which it 
resides shall pay at the legal rate for supporting dependent 
children, twenty-five cents (25c) per day, with such expenses of 
transportation as are necessary. 

342. Tax. 9. For the defraying of the increased expendi- 
ture necessary for the carrying out of the purposes of this act 
Trustees of school townships, Boards of School Trustees or 
Commissioners of cities and towns and Boards of School Com- 
missioners are hereby empowered to levy in addition to any 
and all sums heretofore provided by law, any amount of special 
school revenue not exceeding ten (10) cents on the hundred 
(100) dollars of taxable property, such taxes to be levied and 
collected as all other special school revenue. 

343. Enumeration of children. 10. In order that the 

provisions of this act may be more definitely enforced it is hereby 
provided that the enumerators of school children in taking the 
annual school census shall ascertain and record the place and 
date of birth of every child enumerated, and the parent, guar- 
dian or custodian of such child shall subscribe and take oath or 
affirmation that such record is true. The enumerator is hereby 



2(54 



SCHOOL LAW OF INDIANA. 



empowered to administer such oath or affirmation, and any 
parent', guardian or custodian of any child who shall refuse to 
take such oath or affirmation shall he adjudged guilty of a mis- 
demeanor and upon conviction thereof shall he fined any sum 
not less than one dollar (|1.00). 

344. Names of children furnished Truant Officer. 11. 

On the first day of school the Trustees, Boards of Trustees, or 
Commissioners of school corporations, shall furnish the Truant 
Officer with the names of the children of compulsory age wdio 
are enumerated on the regular enumeration lists. These names 
shall be alphabetically arranged and shall give all the informa- 
tion contained in the regular enumeration returns. The County 
Commissioners shall provide necessary postage and such blanks 
as may be required by the State Board of Truancy or the State 
Superintendent of Public Instruction. 



Laws repealed. 12. All laws and parts of laws in 
conflict with the provisions of this act are hereby repealed. 



CHAPTER XXL 

TOWNSHIP ADVISOEY BOARD. 



Sec. 

346. Advisory Board. 

347. Taxpayers may attend. 

348. Annual meetings — Expenditures and 

levy. 

349. Estimate of expenditures. 

350. Compensation of Board, if desired. 

351. Special meetings of Board. 

352. Financial record. 



Sec. 

353. Annual settlement with the Board. 

354. Trustee's term. 

355. New school house — School supplies. 

356. Trustees' pay. 

357. Contracts void. 

358. Appointment of first members of 

Board. 



[1899, p. 150. Approved February 27, 1899. In force April 28, 1899.1 

346. Advisory Board. 1. At the time of electing Town- 
ship Trustees the voters of the several townships shall elect an 
Advisory Board, consisting of three (3) resident freeholders and 
qualified voters of the township. The members of such Board 
shall subscribe and file with the Trustee an oath to faithfully 
and honestly discharge their duties as prescribed by law. Their 



SCHOOL LAW OF INDIANA. 265 

term of office sliall be for two j-ears from the day following 
their first election and until their successors are elected and 
qualiiied, and the term of office shall thereafter be for the term 
of four years from the day following their election and until 
their successors are elected and qualified. If a vacancy occurs 
. in said Board it shall be filled by the remaining members of the 
Board for the unexpired term. They shall meet annually on 
the first Tuesday of September, at a convenient place in the 
tow^nship, notice of which shall be given as hereinafter provided 
in section 3. At such annual meeting the members of such 
Board shall elect one of their members chairman for that year. 
Two (2) members shall constitute a quorum. At such meeting 
the Board shall consider the various estimates of township 
expenditures proposed by the Tow^nship Trustee, and shall have 
power to concur in such estimates, or in any part thereof, or to 
reject any proposed item, in whole or in part. Any existing 
indebtedness need not be paid until due. And the Advisory 
Board, at the first annual meeting, may apportion the payment 
of any existing indebtedness other than to the county or for 
current expenses for a named term not exceeding five years. 
When they shall have determined upon the estimates and amounts 
for which taxes should be levied upon the property and polls 
within said township for the ensuing year, they shall then 
determine and fix the rates of taxation upon such property and 
polls as to the estimated purposes severally. The rates so deter- 
mined by such Board they shall then certify to the County 
Auditor, who shall place the same upon the tax duplicate, and 
the same shall be collected and enforced as prescribed by law. 
The rates so prescribed shall be deemed a levy and lien upon 
the property of such township from and after the first day in 
April of such year, and such levy shall be deemed an appropri- 
ation for the specific purposes for which such estimates are 
fixed. Such Board shall keep a record of their proceedings in 
a separate book to be furnished by such Trustee, and kept as a 
part of the records of the township, to be known as the Eecord 
of the Advisory Board of such township, and to remain in the 
custody of the chairman of such Board. Said Board shall elect 
one of its members secretary for said Board, wdio shall record 
the proceedings thereof at any meeting, in full, under the direc- 



266 SCHOOL LAW OF INDIANA. 

tion of the Board, which shall be signed before the Board 
adjourns. Any meeting may adjourn from day to day till the 
business is completed. 

1. For forms and a discussion of this law, see Thornton's Complete Guide for 
Township Officers, sections 111 to 119. 

347. Taxpayers may attend. 2. At any session of such 
Board, any taxpayer of the township may appear and be heard 
as to the advisability of any estimate or estimates of expendi- 
tures, or any proposed levy of taxes, or the approval of the 
Township Trustee's report or any other matter being considered 
by the Board. 

348. Animal meeting — Expenditures and tax levy. 3. 

The Trustee shall at least thirty (30) days, and not more than 
forty (40) days, before the annual meeting of the Advisory 
Board, in each year, post at or near the door of all postoffices 
in the township, a statement of the several estimates and 
amounts of the proposed annual expenditures, and the rates of 
taxation proposed for levy against the property within such 
township, for the several funds to be expended for his township 
during the calendar year, and also copies of such notice shall 
be published one time in the issue printed in the first week of 
August of each year in the two leading newspapers published 
in the county, representing the two political parties casting the 
highest number of votes in such county at the last preceding 
general election, and one publication in a newspaper in the 
township interested, if there be a paper published therein. The 
cost of such publication shall not exceed two dollars in an}' one 
year to any one paper, and the cost of necessary copies for 
posting and delivery to the Board shall not exceed one dollar 
and fifty cents in any one year. And he shall furnish within 
like periods to each of the members of the Advisory Board a 
statement of such estimates and amounts. Such statement 
shall contain a notice of the place of meeting of the Advisory 
Board, and shall be substantially in the following form : 

EXPENDITURES AND TAX LEVIES FOR THE YEAR—. 

The Trustee of township, county, proposes for the 

yearly expenditures and tax levies by the Advisory Board at 



SCHOOL LAW OF INDIANA. 267 

its annual meeting, to be lield at the school house of School 
Distri'jt Xo. — , the following estimates and amounts for said 
year : 

1. Township expenditures, $ , and township tax, — cents 

on the hundred dollars. 

2. Local tuition expenditures, $ , and tax, — cents on the 

hundred dollars. 

3. Special school tax expenditures, | , and tax, — cents on 

the hundred dollars. 

4. Road tax expenditures, | , and tax, — cents on the hun- 

dred dollars. 

6. Additional road tax expenditures, $ , and tax, — cents 

on the hundred dollars. 

6. Librar}" expenditures, $ , and tax, — cents on the hun- 

dred dollars. 

7. Poor expenditures for preceding year, $ , and tax, — 

cents on the hundred dollars. 

8. Other items, if any, expenditures, $ , and tax, — cents 

on the hundred dollars. 

Total expenditures, $ , and total tax, — cents on the 

hundred dollars. 
(Dated) (Signed) , Trustee. 

The Trustee shall procure and lay before the Advisory Board 
at the annual meeting thereof, the assessed valuation of the tax- 
able property of the township for such year, and also the num- 
ber of taxable polls in such township. 

349. Estimates of expenditures. 4. The Trustee shall 
attend all of the meetings of the Advisory Board, and at the 
annual meeting thereof, after the Board shall have organized, 
he shall present a detailed and itemized statement in writing of 
his estimated expenditures for which appropriations are asked, 
specifying the number of teachers necessarily employed, their 
salaries respectively, the number of days deemed necessary for 
the discharge of the duties of his office, and the days of the 
week or month when they can be most advantageoush'^ per- 
formed, the extent of needed bridge and highway repairs, an 
accurate, itemized list of all the property and supplies on hand, 
whether in use or in store, for road, school and other purposes 



268 SCHOOL LAW OF INDIANA. 

and estiiiiated value thereof, the items of school supplies neces- 
sary for each school, the condition of pauperism in the town- 
ship, including the names of such persons as have received 
puhlic aid since the taking effect of this act, and since the last 
annual meeting of the Eoard with the respective amounts re- 
ceived b}^ each person. And also the items, severally, to be 
charged against the township fund, including salaries, station- 
ery, printing and records and supplies to be furnished to the 
Justices of the toAvnship, the Trustee's compensation, and his 
office rent, where an office is authorized by the Board, and any 
other items of expense payable from said fund; and he shall 
submit to such inquiries concerning the expenditures of his 
office as the Board, or the taxpayers present, may deem proper 
to make. The Advisory Board shall have full power to require 
any estimate, not sufficiently itemized, to be so itemized by thf? 
Trustee, and to appropriate for any purpose a sum not greater 
than that estimated in the item therefor, except by the unani- 
mous vote of the Board, and not otherwise, an appropriation 
may be made for an item not contained in any estimate, or for 
a greater amount than that named in any item of an estimate. 

350. Compensation of Board, if desired. 5. In making 
the levies for the township fund, if said Board shall desire com- 
pensation for their services to the township, they may add a 
sum not exceeding five dollars ($5.00) for the service of each 
member during the year for which the levy is made, payable 
out of such fund. 

[1901, p. 415. Approved March 11, 1901. In force May, 1901.] 

351. Special meetings of the board. 6. Upon a special 
call of the Township Trustee or the chairman of the Advisory 
Board or a majority of the members of said board, given in 
writing to each member thereof, stating the time, place and 
purpose of the meeting, said board may, if a quorum be present, 
>by consent of all the members present, determine whether an 

emergency exists for the expenditure of any sums not included 
in the existing estimates and levy. In the event that such an 
emergency is found to exist said board may authorize by special 
order entered and signed upon the record, the Truste? to borrow 



SCHOOL LAW OF INDIANA. 269 

a sum of money to be named sufficient to meet such emergency ; 
and at the next annual session of the board a levy shall be 
made to the credit of the fund for which such expenditure is 
made to cover and pay the debt so created : Provided, however. 
That if at any annual or special meeting of said board, it shall 
be found indispensably necessary to provide for the construc- 
tion of a school building, the cost of which building or the pro- 
portionate cost thereof if the same be a joint graded high 
school building will be in excess of the sum available therefor 
out of any annual levy, then in that event, such board may au- 
thorize such Trustee to issue township warrants or bonds to pay 
for such building, or the proportionate cost thereof, such war- 
rants or bonds to run for a period of not exceeding five (5) 
years ; and to bear not exceeding six per centum per annum, 
and to be sold for not less than par ; and such board shall aniiu- 
all}' levy sufficient taxes to pay at least one-fifth of such war- 
rants or bonds, with interest, each year, and the Trustee shall 
apply such annual tax to the payment of such warrants or 
bonds each year. In no event shall a debt of the township be 
created except by the Advisory Board of such township, and in 
the manner herein specified, and any payment of any debt not 
so authorized from the public funds of such township shall be 
recoverable upon the bond of the Trustee in a suit, which it is 
hereby made the duty of said board to institute and prosecute 
in the name of the State, for the use of said township. And 
said board is hereby empowered to appropriate, and the Town- 
ship Trustee shall pay out of the township funds a reasonable 
sum for attorney's fees for such purpose. And if the board, on 
the written demand of any taxpayer, fails for thirty (30) days 
to bring suit, then such or any other taxpayer may bring the 
same, in the name of the St'ate, for the use of the township. 

[1899, p. 150. Approved February 27, 1899. In force April 28, 1899,] 

352. Financial record. 7. Each Township Trustee in 
this State shall procure and keep a book, to be known as the 
Financial Record of the township, in which the Trustee shall 
keep an itemized and accurate account of the financial affairs 
thereof, charging himself with each sum of money when and 
as received, from every source, giving the date, from whom re- 
ceived, and on account of what fund it is credited. He shall 



270 SCHOOL LAW OF INDIANA. 

likewise credit himself Avitli all moneys when and as paid out, 
showing when, on what account, and to whom and out of what 
fund paid. It shall be the duty of the Auditor of the State of 
Indiana to frame and adopt a form of such book, to be used by 
all the Township Trustees throughout the State. Such book 
shall be a public record: Provided, however, That the Auditor 
shall not adopt any patented or copyrighted form and nothing 
herein shall authorize him to contract with any person, partner- 
ship, or corporation, for the publishing of such forms. The act 
entitled, "An act prescribing certain duties of Township Trus- 
tees, providing for the appointment and compensation of an 
Auditing Board, prescribing its duties and declaring an emer- 
gency," approved March 8, 1897, is hereby repealed. 

[1901, p. 415. Approved March 11. 1901. In force May, 1901.] 

353. Annual settlement with the Board. 8. The Trus- 
tee shall present to the Advisory Board, at a meeting of said 
Board to be held annually on the first Tuesday after the first 
Monday of January of each year, his annual and complete re- 
port of all the receipts and expenditures of his office for the pre- 
ceding calendar year, with the balances to the credit of each 
fund under his charge ; and if he has any money from any 
source in his hands or under his control which is not included in 
any particular fund, as shown by said report, then he must 
state all the facts concerning such moneys in his report. Each 
item of expenditure shall be accompanied by the verified re- 
ceipt of the person to whom the sum evidenced thereby has 
been paid, stating particularly for what article or service the 
payment has been made ; that the sum receipted for is the exact 
sum received, and that no part thereof has been retained l3y, or 
returned to or has been agreed, directly or indirectly, to be re- 
turned to, the Trustee or to any other person, and the Trustee 
is empowered to administer oaths to the persons giving such 
receipts. The report so presented shall be verified by the oath 
of the Trustee, showing that the sums with which he is charged 
in such report are all the sums received by him, and that the 
various items of expenditure credited have been fully paid in 
the sums stated, and without express or implied agreement that 
any portion thereof shall be retained by or repaid by him or to 
any other person. And the Trustee shall subscribe and take 



SCHOOL LAW OF INDIANA. 271 

an oath that he has received no money nor article of value in 
consideration of any contract made by him as such Trustee. The 
Board shall consider and approve in whole or in part, the report 
of the Trustee so made, and any sum appropriated and remain- 
ing in the hands of the Trustee, unexpended and for which no 
liability exists against the township, shall be deemed and cred- 
ited in favor of the fund for which it was appropriated, and 
shall be considered in the ensuing levy. The expenditure of any 
fund, in whole or in part, to any account for which it was not 
appropriated by said Board, shall be deemed by the Board of 
[as] a balance of such fund unexpended and in the hands of the 
Trustee, for which lie shall be liable upon his bond. Any mem- 
ber of the Board may administer oaths, and said Board may 
send for persons, books and papers, if necessar}', in such exami- 
nation of said report, and when the examination is closed tliey 
shall enter of record their action thereon, specilically stating 
such parts and items as may be altered or disallowed. Such 
annual report shall remain under the control of such Board, 
the custody thereof to be held by the chairman, and at any 
time shall be subject to inspection by any taxpayers of the 
township. On the said annual settlement being made, the Trus- 
tee shall within ten (10) days thereafter, hie a copy of such 
report as adopted by the Board, with the accompanying vouch- 
ers, in the othce of the County Auditor, to be preserved; and 
upon failure the Trustee shall forfeit five (5) dollars per clay for 
each day until so filed, to be collected by suit of the Board for 
the benefit of the township. In case the term of the Trustee 
shall expire, or ho shall resign or die, then he, or his adminis- 
trator, sliall at once make final settlement with the Board. 
Said Auditor shall examine such copy of said report, and within 
ten (10) days after the filing of same in his office, shall report 
to the Advisory Board of such township the result of such ex- 
amination, including his finding as to the accuracy of such 
report. Said Trustee shall cause to be published, by one inser- 
tion in two leading newspapers of his county, each representing 
one of the two political parties casting the highest number of 
votes at the last preceding general election, an abstract of his 
said report, which abstract shall contain the total of receipts 
and expenditures and balances or deficits in each fund, also the 
rate of tax levy made for each of said funds for the ensuing year. 



272 SCHOOL LAW OF INDIANA. 

354. Trustees' term. 3. That the terms of office of all 
Township Trustees and Township Assessors to be elected at the 
general election in November, 1904, shall begin on the first day 
of January, 1905, and thereafter the terms of office of all Town- 
ship Trustees and Township Assessors shall begin on the first 
day of January succeeding their election. 

[1899, p. 150. Approved F&bruary 27, 1899, In force April 28, 1899.] 

355. New school house — School supplies. 9. If a Trus- 
tee finds it necessary to erect a new school house, he shall pi'o- 
cure suitable specifications therefo : , to be used by the bidders 
in bidding and in the construction of such house. If he desires 
to purchase any school furniture, fixtures, maps, charts, or other 
school supplies, excepting fuel and literary periodicals in such 
amounts as may be authorized by the Advisory Board, in any 
year, he shall make an estimate of the kinds and amounts, item- 
ized particularly, to be used by bidders therefor. If it is neces- 
sary to make repairs on or about the school houses other than 
current or incidental repairs, he shall likewise make an itemized 
statement of the nature and character of the work, to be made 
for the use of bidders. He shall, in like manner, make a sched- 
ule of such work as may be necessary in the repair or construc- 
tion of bridges in his township for any one year. All contracts 
shall be let, after notice given, by posting for three (3) weeks in 
five (5) of the most public places in the township, and also at 
or near the door of each postoffice therein, stating briefly the 
buildings, repairs or supplies sought to be let, and when and 
where bids will be received and opened therefor ; and if the con- 
templated expenditures in any one class shall be five hundred 
dollars (|500) or more, he shall post notices as aforesaid, and 
also publish notice thereof for one (1) time in the two leading 
newspapers published in the county representing the two polit- 
ical parties casting the highest number of votes in such county 
at the last preceding general election : Provided, That one of 
such publications shall be made in a newspaper published in the 
township interested, if there be a newspaper published therein. 
The Advisory Board shall attend the letting. At the letting, 
all the work or supplies in any one class shall be included and 
let in a single contract. All bids shall be in writing and be 
opened and read publicly at the time and place fixed in the no- 



SCllUOL LAW OF INDIANA. 273 

tice. The Trustee may take time to examine and satisfy him- 
self as to which is the lowest and best bid, and shall advise with 
the Advisory Board thereon ; and said board is hereby empow- 
ered to reject any and all bids. The Trustee shall endorse on 
the bids whether rejected or accepted and jDreserve the same. 
When a bid is accepted, a proper contract shall then be reduced 
to writing for such building;, repairs or sup2:)lies, as the case may 
be, and be signed by the successful bidder and the Trustee, who 
shall require the bidder to give bond with security, to be ap- 
proved by him, for the faithful execution of such contract. 

356. Trustees' pay. 10. The Township Trustees serving 
under this act shall receive for their services the compensation 
now or hereafter fixed by law : Provided, That M^here a per 
diem is allowed by law the number of days' service for which 
the Trustee is allowed shall be fixed and allowed by the Advi- 
sory Board at their annual meeting, and this shall constitute 
the entire compensation of such Trustee for all the duties of his 
oifice. 

357. Contracts void. 11. All contracts made in violation 
of this act shall be null and void. 

1. Note. This section modifies all the decisions rendered bj the courts con- 
cerning contracts of Township Trustees. It also repeals the law requiring the 
Trustee to petition the Board of County Commissioners for leave to contract debts 
on behalf of the township. Contracts of townships must now be executed pursu- 
ant to the provisions of this act. 

2. For a construction of this section, see Thornton's Complete Guide for 
Township Officers, section 188. 

358. Appointment of first members of Board. 12. At 

the term of the Circuit Court to be held in the several counties 
of this State next after the taking eft'ect of this act, such Court 
shall appoint three (3) freeholders and qualified voters residing 
in each township, not more than two of whom shall belong to 
the same political party, who shall constitute the Advisory 
Board of such township until their successors are elected and 
qualified ; on failure of such court so to do, the Governor of 
the State shall make said appointments. And all laws and parts 
of laws inconsistent with the provisions of this act are hereby 
repealed. 

18- ScH. Law. 



274 



SCHOOL LAW OF i:ndiana. 



CHAPTER XXII. 

THE FUND. 



Sec 




Sec 


359. 


What constitutes. 


412. 


360. 


Estrays and property adrift. 


413. 


361. 


Counties liable. 


414. 


362. 


Account of fund. 


415. 


363. 


Custody of lands. 


416. 


364. 


Leasing lands. 


417. 


365. 


Divided school sections. 


418. 


366. 


Boundaries of townships. 


419. 


367. 


School township, when county lines 


420. 




divide. 


421. 


368. 


Auditor's statement as to children. 


422. 


369. 


Auditor's duty. 


423. 


370. 


Account and distribution. 


424. 


371. 


Duties of the other Auditor. 


425. 


372. 


Account— Readjustment. 


426. 


373. 


Power of Trustee. 


427. 


374. 


Sale of school lands. 


428. 


375. 


Proceedings to sell. 


429. 


376. 


Ballots. 


430. 


377. 


Results of election. 


431. 


378. 


Certificate of vote. 


432. 


379. 


Trustee's duty. 


433. 


380. 


Order and conduct of sale. 


434. 


38L 


Terms of sale— Timber. 


435. 


382. 


Forfeiture— Re-sale. 


436. 


383. 


Forfeiture, how prevented. 


437. 


384. 


Forfeiture— Liability for waste. 


438. 


385. 


Suit for waste. 


439. 


386. 


Private sale. 


440. 


387. 


Reappraisement. 


441. 


388. 


Advertisement of fund«. 


442. 


389. 


Reappraisement of forfeited lands. 


443. 


390. 


Appropriation by Commissioners. 


444. 


391. 


Certificate of purchase. 


445. 


392. 


Rights of purchase. 


446. 


393. 


Faihire to make first payment — Pen- 


447. 




alty. 


448. 


394. 


Assignment. 


449. 


395. 


Defective assignments— Proceedings. 


450. 


396. 


Loan of purchase money. 


451. 


397. 


Payment. 


452. 


398. 


Lost certificate. 


453. 


399. 


Purchase money, where paid. 


454. 


400. 


Duty of Auditor. 


455. 


401. 


Deed. 


456. 


402. 


Sale— Legalization. 


457. 


403. 


Title, when complete. 


458. 


404. 


Sale had without vote. 


469. 


405. 


Compensation on failure of title. 


460. 


406. 


Lands of surplus revenue fund, how 


461. 




sold. 


462. 


407. 


Interest — Judgment. 


463. 


408. 


Advertisement of funds. 


464. 


409. 


Bulletin board of loans. 


465. 


410. 


Auditor's duty. 


466. 


411. 


Appraisement. 





Duty of appraisers. 

Loans outside of county. 

Loan of school and university funds. 

Limit of loan. 

Percentage of value of land. 

Length of time. 

County may borrow. 

Note of county — Countj' Council. 

Auditor's warrant. 

Rate of interest. 

Payment of loan. 

Transfer from one county to another. 

Certificate as to liens. 

Oath of applicant. 

Time of loan. 

Limit of loan. 

Acknowledgments and oaths. 

Record of mortgages — Priority. 

Auditor's duty. 

Fees. 

Interest unpaid— Auditor's duty. 

Collection on default. 

Fund to be specified. 

Form of mortgage. 

Form of note. 

Warrant to borrower. 

Payments— Quietus, 

Indorsements and satisfaction. 

Suit for deficiency. 

Notice of sales. 

Manner of sale— Surplus. 

Auditor's bid. 

Sale of lands bid in. 

Reappraisement of forfeited lands. 

Appropriation by Commissioners. 

Deed by Auditor. 

Statement of sales. 

Title in State without deed. 

Conveyance to county. 

Suit to foreclose. 

Purchase by county. 

Lease of land purchased. 

Sale of land— Appraisement. 

Deeds. 

Sales legalized. 

Act supplemental. 

Cancellation of mortgage. 

Annual report. 

Duty of boards. 

Board's report. 

Disposition of report. 

Apportionment of loans. 

Miscellaneous school fund account. 

Distribution and report. 

Penalty against Auditor. 



SCHOOL LAW OF INDIANA. 275 

[1865, p. 3. Approved and in force March 6, 1865.] 

359. What constitutes. The funds heretofore known and 
designated as the surpUis Revenue Fund, all funds heretofore 
appropriated to the common schools, the Saline Fund, the Bank- 
Tax Fund, the fund which has been derived or may be derived 
from the sale of county seminaries and the property belonging 
thereto, the moneys and properties heretofore held for such 
seminaries, all fines assessed for breaches of the penal laws of 
the State, all forfeitures which may accrue, all lands and other 
estate which shall escheat to the State for want of heirs or kin- 
dred entitled to the inheritance thereof, all lands which have 
been granted, or may be granted hereafter, to the State, when 
no special object is expressed in the grant, the proceeds of the 
sales of the swamp lands granted to the State of Indiana by the 
act of Congress of September, 1850, the taxes which may be 
assessed from time to time upon the property of corporations 
for common school purposes, and the fund arising from the one 
hundred and fourteenth section of the charter of the State 
Bank of Indiana, shall be denominated the "Common School 
Fund." The fund derived from the sale of Congressional town- 
ship school lands, and the unsold Congressional township school 
lands, at the reasonable value thereof, shall be denominated the 
"Congressional Township School Fund," and shall never be 
diminished in amount, the income of which, together Avith the 
taxes mentioned and specified in the first section of this act 
[§4465], the money and income derived from licenses for the 
sale of intoxicating liquors, and unclaimed fees, as provided by 
law, shall be denominated the " School Revenue for Tuition," 
the whole of which is hereby appropriated, and shall be ap- 
pilied exclusively to furnishing tuition to the common schools 
of the State, without any deduction for the expense of collec- 
tion or disbursement. (R. S. 1881, §4325; R. S. 1894, §5750; 
R. S. 1897, §6011.) 

1. Two Distinct Funds. This section, in conformity with the decisions 
■cited under section 1, provides that there shall be two distinct funds, the "Com- 
mon School Fund" and the "Congressional Township School Fund," which must 
"be kept apart and managed separately (§362). Under the former title are con- 
solidated all the funds named in the Constitution, except the Congressional Town- 
ship Fund, and in addition thereto "all funds heretofore approjsriated to com- 
mon schools," referring to all moneys arising from the sale of estray animals, and 
property taken up adrift, which were, by an act approved January 15, 1844 (§360), 
transferred to the Common School Fund of the county to be ratably apportio-ned 



276 SCHOOL LAW OF INDIANA. 

among the several school districts thereof. Neither of these funds shall ever be 
diminished, for the term Common School Fund in the Constitution includes both. 
— Davee v. State, 7 Ind. App. 71. 

2. Kevenues. Of the "School Eevenue for Tuition" the interest on the 
Common School Fund, the proceeds of the State Tax, and the unclaimed fees are 
paid into the State treasury and apportioned to the counties by the Superintend- 
ent of Public Instruction semi-annually on thejjasis of school population. — §123- 
128. The revenues derived from the Congressional Township Fund and from 
county liquor licenses are distributed by the County Auditors to the townships and 
counties to which they respectively belong. — §133 and K. S. 1881, §5316; (R. S. 
1894, §7281 ; R. S. 1897, §7626) ; State v. Forkner, 70 Ind. 241. 

3. Fees of Officers. No deduction shall be made from the school revenues 
for expense of collection or disbursements, but the County Auditors shall receive 
from the general funds of the counties the amount of one per cent, on the perma- 
nent school funds held in trust by their several counties, as compensation for the 
management of them. — R. S. 1881, §5909; Hanlon v. the Board, 53 Ind. 123. 

4. Illegal, Deductions Recoveeable — Statute of Limitations. By the 
school law of 1855, and also of 1865, still in force (§359), the income of the Com- 
mon School Fund and the taxes levied and collected for tuition are required to 
be applied exclusively to furnishing tuition in the common schools of the State. 
Provision is made for payment out of the county fund of the fees of officers for 
collecting, managing and dispensing the tuition fund. (R. S. 1881, §§5909, 5927, 
5928.) From the constitutional and statutory provisions it is manifest that, with 
reference to common school funds, the State and county act simply as trustees for 
the benefit of the school childi'en of the State. The county can not repudiate or 
disavow its trust, and where it misappropriates common school funds, no failure 
of the proper officers to bring suit for any length of time after notice of the misap- 
propriation can be set up by way of limitation to the action to the prejudice of 
the beneficiaries of the trust. — State v. St. Joseph Co., 90 Ind. 359; Board v. State, 
103 Ind. 497; Board v. State, 106 Ind. 270; Board v. State, 106 Ind. 531. 

5. EsTRAYs. Under the first clause of the schedule annexed tp the Constitu- 
tion of 1851, the act of January 15, 1844 (p. 86 of act of 1844) (§360), entitled 
"An act converting the moneys arising from the sale of estrays and property 
taken up adrift into the Common School Fund, not being inconsistent with the 
Constitution and not having expired or been repealed, has remained and is in 
force;" and under its provisions and those of §359, all moneys arising from the 
sale of estray animals and property taken up adrift, "so soon as the same shall 
have vested absolutely in any county," becomes a part of the Common School 
Fund of the State.— Board v. State, 92 Ind. 3.53. 

6. Recovery of Deductions. The statute of limitations of 1852 does not bar 
a recovery against a county for misappropriation of funds donated by the Consti- 
tution and laws exclusively to tuition in the common schools ; and the appropria- 
tion of any part of it to the payment of officers' fees for collecting or managing 
the funds is wholly unauthorized, and a violation of a trust which is not in the 
power of a county to deny. — State v. Board, 90 Ind, 359; Board v. State, 103 Ind. 
497; Vanarsdall v. State, 65 Ind. 176, 184. 

7. Fines. A fine for contempt is as much a part of the School Fund as any 
other fine. — Alexander v. State, 9 Ind. 337; Swift v. State, 63 Ind. 81. 

8. Escheat. The provisions of the Constitution with reference to escheats 
are not self-executing; and money paid into the State treasury for want of heirs 



SCHOOL LAW. OP INDIANA. 277 

Tinder? 2411 to §2415, K. S. 1881; K. S. 1894, ?2622; E. S. 1897, §2618, does not 
escheat. — State v. Meyer, 63 Ind. 33. 

9. Belongs to Inhabitants. The school law does not conflict with the act 
of Congress granting the sixteenth section in the several congressional townships 
in the State to the inhabitants of such townships for the use of schools. — Quick v. 
Springfield Township, 7 Ind. 636; State v. Springfield Township, 6 Ind. 83; 
Quick V. Wliitewater Township, 7 Ind. 570; Daggett v. Bonewitz, 107 Ind. 276. 

10. Liquor License Fees. Liquor license fees belong to the county, there 
to be wholly expended for tuition purposes, and not to the permanent Common 
School Fund of the State.— R. S. 1881, ? 5316; E. S. 1894, § 7626; E. S. 1897, 
I 7626; State v. Forkner, 70 Ind. 241. 

11. Mandate. Mandate lies to compel the proper application of the funds. 
— State V. Cooprider, 96 Ind. 279. 

12. Property Found on Dead Bodies. The proceeds of effects found by 
the Coroner on the bodies of dead persons do not belong to the Common School 
Fund, but go to the support of the common schools of the county, and an action 
to compel its proper application can not be prosecuted on the relation of the 
Attorney-General. — State v. Board of Commissioners, 85 Ind. 489. 

13. Lotteries. Lotteries, in aid of schools, and gift exhibitions are illegal. 
—Whitney v. State, 10 Ind. 404. 

14. Tax Penalty. The provision of the tax law (E. S. 1881, § 6339; E. S. 
1894, I 8465; E. S. 1897, § 8995), inflicting a penalty for a false tax list and turn- 
ing the penalty into the County Treasury for the use of the county, instead of for 
the School Fund, is constitutional. — Burgh v. State, 108 Ind. 132. 

15. Sale of Escheated I;ANds. Sale of escheated and other lands and 
transfer of proceeds to Permanent School Fund by Auditor of State. [See Acts 
1889, p. 309, § 9.] An act of 1883 authorized the County Commissioners to sell 
escheat lands. [See Acts 1883, p. 79.] 

16. Statute of Limitations. The statute of limitations does not run 
against an action to recover school funds. Board v. State, 106 Ind. 270; Board v. 
State, 106 Ind. 530; State v. Board, 90 Ind. 359; Board v. State, 103 Ind. 497. 

[1814, p. 86. Approved and in force January 15, 1844.] 

360. Estrays and property adrift. 1. AH moneys aris- 
ing from the sale of estray animals and property taken up 
adrift, so soon as the same shall have vested absolutely in aiiy 
county, shall be by the proper officers transferred to the Common 
School Fund of the county, and shall be ratably apportioned 
amongst the several school districts [corporations] thereof. (R. 
S. 1897, § 6012.) 

1. In Force. The above section is still in force. — Board i). State, 92 Ind. 353. 
[1865, p. 3. Approved and in force March 6, 1865.] 

361. Counties liable. 3. The several counties of this State 
shall he held liable for the preservation of so much of said fund 
as is intrusted or may have been intrusted to them, and for the 
payment of the annual interest thereon, at the rate established 
by law, the payment of which interest shall be full and com- 
plete every year, and shall so appear in the Auditor's report to 



278 SCHOOL LAW OF INDIANA. 

the Superintendent of Public Instruction ; and the said Super- 
intendent shall, at anj tim^, when he discovers, from the report 
or otherwise, that there is a deficit in the amount collected, for 
want of prompt collection, or otherwise, direct the attention of 
the Board of County Commissioners and the County Auditor 
to the fact, and said Board of Commissioners are hereby author- 
ized and required to provide for such deficit in their respective 
counties. (R. S. 1881, § 4326; B. S. 1894, § 5751; R. S. 1897, 
§ 6013.) 

1. Interest. This section is designed to carry out the requirements of 
the Constitution (? 6). The interest on the school funds is at the rate of six 
per cent. , 

2. Deficits Made Up. The Board of County Commissioners is required to 
make up losses to both the principal and interest of the funds, at their June meet- 
ing (1459), by authorizing the Auditor to draw a warrant for the amount of the 
deficit upon the general fund of the county in favor of the particular school fund 
found deficient, and upon failure of the board so to act they become liable to an 
action in the name of the State upon the relation of the Superintendent of Public 
Instruction, who may notify the proper prosecuting attorney to bring such action. 

3. Attorney-General, as IIelator. When suit is brought by the State to 
recover any part of its common school fund, the Attorney-General is a proper 
officer to bring such suit, and is a proper relator therein. — Board v. State, 92 Ind. 
353; State v. Board, 5 Ind. App. 220. 

4. Attorney's Fees. A county may, and it is its duty, to employ an attor- 
ney to protect the school fund ; but it can not pay him out of that fund ; it must 
pay him out of the general county fund. — Board v. State, 116 Ind. 329. 

5. County Liable. The school fund is intrusted to the county, and it is 
charged with the amount it receives; if loss occurs the county has to make that 
loss good ; and if the money is not loaned the county is chargeable with the inter- 
est thereon, and must pay it; when this is done the obligation of the county has 
been fully met. It never was the intention of the framers of the Constitution that 
the school fund should be enhanced at the expense of the county, but simply that 
the fund should be preserved intact, and the interest annually paid. — Board v. 
State, 122 Ind. 333; Davee v. State, 7 Ind. App. 71 ; State v. Board, 5 Ind. App. 220. 

6. Diversion of Funds. If money, instead of being added to the perma- 
nent school fund of the county, has been applied to other purposes for the benefit 
of the county, it is a virtual conversion of the money to the use of the county, and 
the Attorney-General may file an account before the Board of County Commis- 
sioners, demanding that it be receipted back into the county treasury. State v. 
Board, 5 Ind. App. 220. 

7. Mandamus. Mandamus is not the proper remedy to recover funds due 
from the county to the school fund.— State v. Board, 5 Ind. App. 220. 

362. Account of fund. 151. The County Auditors of the 
several counties of this State shall, immediately upon the taking 
effect of this act, oi3en an account upon their books with each 



SCHOOL LAW .OF INDIANA. 279 

of the congressional townships of their respective counties 
whose funds are managed by them, and transfer to such account 
from the Common School Fund account the principal of the 
Congressional Township Fund, as it existed before its consoli- 
dation with the Common School Fund, and shall thereafter 
keep a separate account of the principal and interest of the 
Congressional Township Fund of each township. (R. S. 1881, 
§4327; R. S. 1894, §5752; R. S. 1897, §6014.) 

1. Separation of Funds. This section requires the separation of the Con- 
gressional Township Fund from the Common School Fund, with which it had 
been consolidated by the school law of 1852, in accordance with the Constitution 
(§ 1). But the courts have held that the proceeds of the sale of the school sections 
could not be diverted from the use of the inhabitants of the congressional town- 
ships, to whom they had been granted by the United States. — State v. Springfield 
Tp., 6 Ind. 83; same, 22 How. U. S. 56; Quick v. Whitewater Tp., 7 Ind. 570; 
Quick V. Springfield Tp., Ind. 636. 

2. Proceeds of Lands. When the school sections have been sold the pro- 
ceeds of the sale are managed by the County Auditor, and the interest thereon 
distributed by him through the county treasury to the proper School Trustees. — 
Davis V. State, 44 Ind. 38; affirmed, 94 (4 Otto) U. S. 792. 

[1873, p. 79. Approved and in force March 7, 1873.] 

363. Custody of lands — Report of income. 44. The cus- 
tody and care of all lands belonging to the Congressional Town- 
ship Fund shall be with the Trustee of the civil township in 
which the same shall be situated ; who shall report, annually, 
to the Auditor, by the fourth Monday in March, the annual in- 
come derived therefrom, to the township. And the report shall 
embrace a fully itemized statement of his rent account of such 
lands ; to whom and for what amount the same was rented to 
each tenant ; and whether the rents have been collected or not ; 
and if any portion has not been collected, he should state fully 
the reasons why the same has not been collected. Any Trustee 
who has heretofore failed and neglected to so report shall em- 
brace in his first report such itemized statement and showing 
for each preceding year not so reported, whether by himself or 
his predecessors ; and the amount of School Funds for any year, 
to which such township might otherwise be entitled, shall be 
withheld, and not paid over to such Trustee, if the rental value 
of such lands for such terms shall equal or exceed the town- 
ship's otherwise portion of the School Fund; and it shall be 



280 SCHOOL LAW OF INDIANA. 

the duty of such Trustee to pay into the county treasury all 
rents collected and reported by him as aforesaid. (R. S. I88I5 
§ 4328; R. S. 1894, § 5753; R. S. 1897, § 6015.) 

1. Rents Distributed. The rents of school lands shall be paid into the 
county treasury, to be distributed by the Auditor together with, and in the same 
manner as, the interest on the Congressional Township Fund. And a Township 
Trustee who fails to pay the rents into the county treasury, as therein required, is, 
with his county, liable on his bond for the amount, with ten per cent, damages, 
in a suit in the name of the State on relation of the Board of Commissioners. — 
Davis V. State, 44 Ind. 38 ; Davis ■;;. Indiana, 94 U. S. (4 Otto) 792. 

2. Judicial Notice. Courts will not take judicial notice what lands were 
substituted for the sixteenth section, when that section has been sold and other 
lands substituted for it. It must be shown that such substituted lands were 
actually selected by the Secretary of the Treasury, as required by the statute of 
the United States.— Peck V. L., N. A, & C. E. E. Co., 101 Ind. 366; Daggett «. 
Bonewitz, 107 Ind. 276. 

8. The Equalization op Eevenue among the civil townships by taking 
into consideration the congressional township revenue is constitutional. Quick ■«. 
Whitewater Township, 7 Ind. 570; City of Lafayette v. Jenner, 10 Ind. 70; Ad- 
amson v. Auditor, 9 Ind. 174; Quick v. Laurel Township, 17 Ind. 344. 

4. School Lands not Subject to Assessment for Drains. The con- 
gressional township lands in this State are not subject to assessments in aid of 
construction of public ditches or drains. — Edgerton v. Huntington School Town- 
ship, 126 Ind. 261. 

5. Where Lands were Selected by the Secretary of the Treas- 
ury FOR School Purposes, under act of Congress of May 20, 1826, the title 
vested in the inhabitants of that congressional township, and a cause of action to 
recover the possession of the lands from one holding them adversely accrued at 
that time. The fact that the claimant entered into possession of the land while 
the title was in the U. S. did not prevent his holding from becoming adverse to 
the township so soon as the title vested in it. — Ilargis v. Inhabitants, etc., 29 
Ind. 70. 

[1865, p. 3. Approved and in force March 6, 1865.] 

364. Leasing lands. 45. He shall have power, when 
lirected so to do by a vote, or by the written direction of a 
majorit}^ of the voters of the congressional township to which 
the same belongs, to lease such lands for any term not exceed- 
ing seven years, reserving rents, payable in money, property, or 
improvements upon the land, as may be directed by a majority 
of such voters. (R. S. 1881, § 4329 ; R. S. 1894, § 5754 ; R. S. 
1897, § 6016.) 

1. Voters. The voters here iotended are such persons as are entitled to 
vote at general and township elections, as defined in the Constitution (E. S. 1881, 
§84; E. S. 1894, §84: K, S. 1897, §84)= As the law does not provide how such 



SCHOOL LAW OF INDIANA. 281 

vote shall be taken, a petition is the better mode of procedure. If signed by a 
majority of the voters of the township the Trustee is bound to comply with it. — 
Anderson v. Prairie School Tp., 1 Ind. App. 34. 

2. Power of Township Trustee. A Township Trustee has no power to 
lease the lands belonging to a congressional township, unless the voters of such 
township direct their leasing; and a tenant taking a lease without such directions 
having been given, does so at his peril. — Anderson v. Prairie Tp., 1 Ind. App. 34. 

3. Authority to Incur Debts. No authority is given Township Trustees 
to incur debts in improving school lands. Anderson v. Prairie School Tp., 1 Ind. 
App. 34. 

4. Contract — Condition Precedents. Wherever the authority of a Trustee 
to bind his corporation by contract depends upon precedent conditions, one v/ho 
seeks to establish rights under such contract must show affirmatively that all of 
the antecedent requirements were strictly complied with. — Anderson v. Prairie 
School Tp., 1 Ind. App. 34. 

365. Divided school section. 46. When the sixteenth 
section, or the section which may he granted in lieu thereof, 
shall he divided by a county or civil township line, or where 
the substituted section lies in any other county in the State, the 
voters of the congressional township to which the same belongs 
shall designate, by vote or by the written direction of a majority, 
the Trustee of one of the civil townships including a part of 
said section, to have the care and custody of said section, and 
to carry out the directions of the voters of the township in rela- 
tion thereto ; and the Trustee so designated shall have the same 
powers and perform the same duties as if the entire section was 
situated within the limits of the civil township, and receive from 
the County Treasurer the revenue derived from funds accrued 
from said sale. (R. S. 1881, §4330; E. S. 1894, § 5755 ; R. S. 
1897, § 6017.) 

366. Boundaries of townships. 148. The Coanty Com- 
missioners of each county are required to conform the boundary 
of their civil townships to those of congressional townships, so 
far as it is practicable to do so. (R. S. 1881, § 4331 ; R. S. 1894, 
§5756; R. S. 1897, §6018.) 

[1877 S., p. 66. Approved and in force March 12, 1877.] 

367. School township, when county lines divide. 1. 

Where county lines divide a congressional township, the proper 
officer in the county in which the congressional school lands are 
situated, or would be situated if unsold, shall control such lands 



282 SCHOOL LAW OF INDIANA. 

and the funds arising therefrom, as in this act is provided. (R. Sc 
1881, § 4332 ; R. S. 1894, § 5757 ; R. S. 1897, § 6019.) 

368. Auditor's statement as to children. 2. When the 

enumeration is made of children, under the school laws, the 
Auditor of each county shall furnish to the Auditor of the other 
a statement showing the number of children in each congres- 
sional township ; and to enable him to do this correctly, the 
person or oiRcer making the enumeration shall correctly state 
the number of children in the congressional township so divided 
by county lines. (R. S. 1881, § 4333 ; R. S. 1894, § 5758; R. S. 
1897, § 6020.) 

369. Auditor's duty. 3. The Auditor of the county having 
control of the fund shall open an account with the other county 
as to each congressional township, and credit said other county 
with all money on hand, all securities for lands sold, and, if any 
lands be unsold, with the proceeds when sold; and, from time 
to time, as money comes in, shall credit such county with such 
money — that is to say, shall divide such money jpro rata on the 
basis of such enumeration and enter the credit; and shall pay 
over such money, be it little or much, to the Treasurer of such 
other county, file his receipt with the Auditor and take a quietus, 
and so continue until the whole portion due such other county 
is paid over. Such payments shall be made quarterly, to corre- 
spond with the fiscal year. (R. S. 1881, §4334; R. S. 1894, 
§ 5759 ; R. S. 1897, § 6021.) 

1. Auditor Borrowing. In Ware v. State, 74 Ind. 181, it was held that a 
loan made by the Auditor of a county to himself was void, but this was so modi- 
fied in vState v. Levi, 99 Ind. 77, as to make the mortgage valid or invalid at the 
option of those having a supervisory control over such fund. Such mortgage 
remains a subsisting security for the loan against the mortgagor or his residue, for 
value, and without notice, notwithstanding the reimbursement of the School Fund 
out of the county revenues. — State v. Greene, 101 Ind. 532. The judgment of 
foreclosure bore the same rate of interest as the mortgage (Stockwell v. State, 101 
Ind. 1); but this rate was modified bj^ the act approved February 17, 1893. See 
p. 41, Acts 1893; K. S. 1894, §5796; E. S. 1897, g 6058. 

2. Auditor Borrowing. A County Auditor can not lawfully both lend and 
borrow from the School Fund, and loans so made and mortgages so executed are 
without authority of law.^State v. Greene, 101 Ind. 532. 

370. Account and distribution. 4. Such Auditor to the 
county controlling such lands and fund shall also open an ac- 
count with such lands and with the township in his own county 



SCHOOL LAW OF INDIANA. 283 

divided by county line, and shall debit and credit such accounts 
as he receives money or securities from sales or collections from 
lands forfeited and resold, and all expenses in full and regular 
order of entry and accounting, so he can tell, at any time, the 
condition of the lands, funds and securities. He shall collect in, 
as fast as possible, all moneys outstanding, make proper distri- 
bution as per enumeration, and credit the proper account in 
said county, and continue to pay over to the other county, as 
above provided, until each county has its proper proportion of 
said funds. (R. S. 1881, § 4335 ; R. S. 1894, § 5760 ; R. S. 1897, 
§ 6022.) 

371. Duties of the other Auditor. 5. The Auditor of such 
other county shall open an account with the proper township in 
his county, and credit such fund as fast as received; and, when 
in sufficient amount, shall loan the same as now required by 
law. Both Auditors shall make a statement of the condition 
of the fund annually, at the end of the proper fiscal year, and 
file one copy with the Superintendent of Public Instruction, lay 
one before the County Commissioners (which latter shall be 
spread upon their record), and both shall be sworn to by the 
Auditor. (R. S. 1881, §4336; R. S. 1894, §5761; R. S. 1897, 
§ 6023.) 

372. Account — Re-adjustment. 6. The process contem- 
plated by this act shall continue so long as any lands remain 
unsold, or. any securities are uncollected, and until each county 
shall have become possessed of its proper share of such fund in 
money, when the accounts here required to be kept shall be 
closed and reported as aforesaid : Provided, That in the year 

. 1890, and every two years thereafter, there shall be a re-adjust- 
ment of said fund belonging to such congressional township, 
upon the basis of the number of children enumerated in each 
part of such congressional township, as hereinbefore provided ; 
and the Auditor having a surplus of such fund, according to 
such basis, shall pay to the Treasurer of the county interested 
the amount of money due said county upon the per cajnta basis 
then existing. For the services here provided for, the Auditor 
shall be allowed the same fees for records, certificates and other 



284 



SCHOOL LAW OF INDIANA. 



labor, as is allowed by law for otlier similar services. (R. S. 
1881, §4337; R. S. 1894, §5762; R. S. 1897, § 6024.) 

1. Tlie Auditor's fee must be paid out of the general fund of the county. — 
Hanlon v. Board, 53 Ind. 123. 

[1867, p. 3. Approved and in force March 6, 1865.] 

373. Power of Trustee. 47. The proper Trustee shall 
have all the rights and powers of a landlord, in his official 
name, in coercing fulfillment of contracts relating to such lands, 
and preventing waste or damage, or for the recovery of the 
same when committed. (R. S. 1881, § 4338 ; R. S. 1894, § 5763 ; 
R. S. 1897, § 6025.) 

374. Sale of school lands. 48. At any time when five 
voters of any congressional township shall, by petition to the 
Trustee having charge of the school lauds belonging to such 
township, set forth their desire for the sale of all or any part 
of the school land, the Trustee shall give public notice, in five 
public places in such township, of the time and place in such 
township when and where balloting will be had to determine 
whether the lands shall be sold as petitioned for or not ; which 
notice shall be given at least twenty days before the time 
specified therein. (R. S. 1881, § 4339 ; R. S. 1894, § 5764 ; R. S. 
1897, § 6026.) 

1. When Petition Necessary. A petition is only necessary where land is 
sold the first time, and is not necessary where it is sold to recover the purchase- 
money. — McPheters v. Wright, 110 Ind. 519. 

2. Public Ditch. Congressional Township land can not be assessed for the 
construction of a public ditch. — Edgerton v. Huntington School Tp., 126 Ind. 261. 

375. Proceedings to sell. 49. A copy of such petition 
shall be entered on the book containing the record of the pro- > 
ceedings of such Trustee; and his action thereon, shall, also, be 
recorded. (R. S. 1881, § 4740; R. S. 1894, § 5765; R. S. 1897, 
§ 6027.) 

376. Ballots. 50. If a voter favor the sale of such lands, 
he shall write on his ballot the word " sale ; " if he opposes the 
sale, he shall write the words -'No sale." (R. S. 1881, § 4341; 
R. S. 1894, § 5766; R. S. 1897, § 6028.) 



SCHOOL LAW OF INDIANA. 285 

377. Results of election. 51. IsTo sale shall be allowed 
unless a majority of all the votes cast at such election shall be 
in favor of such sale; nor unless the number of votes constitut- 
ing such majority shall exceed iifteen. (R. S. 1881, § 4342; R. 
S. 1894, § 5767 ; R. S. 1897, § 6029.) 

378. Certificate of vote. 52. The Trustee shall attend at 
the time and place specified, and shall make out a certificate 
showing the number of votes given for and against the sale ; 
which shall be signed by him and filed in his ofiice ; and he 
shall enter the same upon his record-book. (R. S. 1881, § 4343 ; 
R. S. 1894, § 5768; R. S. 1897, § 6030.) 

379. Trustee's duty. 53. Said Trustee, if satisfied that a 
uiajority of all, and more than fifteen, voters have voted for such 
sale, shall enter the same on his record-book, and proceed — 

First. To divide the lands, so voted to be sold, into such lots 
as will secure the best price. 

Second. To afiix a minimum price to each lot, not less than 
one dollar and twenty-five cents per acre, below which it shall 
not be sold. 

Third. To certify such division and appraisement to the 
proper County Auditor, together with a copy of all his proceed- 
ings in relation to the sale of said lands. (R. S. 1881, § 4344; 
R. S. 1894, § 5769 ; R. S. 1897, § 6031.) 

1. Where Petition Was Not Necessary. When school land which was 
sold in 1847, and for non-payment of taxes on the purchase-money was again sold 
in 1883, four weeks' notice of the latter sale was sufficient under the law then in 
force, and no petition from the voters of the township was necessary, such petition 
l)eing required only when the land is first offered for sale. — McPheters v. Wright, 
110 Ind. 519. 

380. Order and conduct of sale — Fee. 54. Such certifi- 
cate and return shall, by such Auditor, be laid before the Board 
of County Commissioners, at their first meeting thereafter ; and 
said Board, if satisfied that the requirements of the law have 
been substantially complied with, shall direct such lands to be 
sold ; which sale shall be conducted as follows : 

First. It shall be made by the Auditor and Treasurer. 
Second. Four weeks' notice of the same shall be given, by 
posting notices thereof in three public places of the township 



286 SCHOOL LAW OF INDIANA. 

where the land is situated, and at the court house door, and by 
publication in a newspaper printed in said county, if any — other- 
wise, in a newspaper of any county in the State situated nearest. 
thereto. The sale shall be made by the Auditor, atpublic auc- 
tion, at the door of the court house of the county in which the 
land is situated, and the Treasurer shall take an account thereof; 
and each of said officers, for making such sale, shall receive a 
fee of one dollar, to be paid by the purchaser. (R. S. 1881, 
§ 4335 ; R. S. 1894, § 5770 ; R. S. 1897, § 6032.) 

1. Board Must Act. If the law has been complied with the Board may be 
compelled by writ of mandate to order the sale. The order may be made at a ■ 
special session. The land can not be sold below the appraised value, of which 
the purchaser must take notice. 

2. Public Sale. The sale must be made at the door of the court house of 
the proper county, at public auction. A private sale is illegal. — McPheters ». 
Wright, 110 Ind. 519. 

11875, p. 13-i. Appro"3d and in force March 9, 1875.] 

381. Terms of sale — Timber. 55. One-fourth of the pur- 
chase-money shall be paid in hand and the interest for the resi- 
due for one year in advance, and the residue in ten years from 
such sale, with like interest annually in advance ; and deferred 
payments shall be regarded as a part of the congressional town- 
ship school fund, and reported as such by the Auditor to the^ 
Superintendent of Public Instruction : Provided, That when 
one-fourth part or more of the value of the lands so sold, at 
the time of such sale, shall consist of the timber growing 
thereon, the terms of sale in such case may be as follows, viz. : 
At least one-half of the purchase-money cash in hand, and 
interest for the residue for one 3^ear in advance, and the residue 
in annual payments in, not exceeding ten years from such sale, 
with like interest annually in advance; and in such case the 
terms of sale shall be set forth in the notice provided for in 
the preceding section : And. provided, further, That whenever the 
purchaser of any such land shall be proceeding to cut or remove, 
or threaten to cut or remove, from such lands, so sold, timber 
growing or being thereon, to such an extent that the land, after 
the cutting or removal of such timber, shall not be equal in 
value to the amount of purchase-money, with interest then 
remaining unpaid, it shall be the duty of the Trustee of the 



SCHOOL LAW OF INDIANA. 287 

civil township in which such land is situated (and he is hereby 
authorized and empowered) to commence and maintain an 
action, in the name of such township, in the Circuit Court of 
the county, to restrain and enjoin the further cutting or re- 
moval of such timber. (R. S. 1881, § 4346 ; R. S. 1894, § 5771 ; 
R. S. 1897, § 6033.) 

1. County Liable for Interest. The county is chargeable with interest 
on the entire amount of the price of the land, and the default of a purchaser of 
the land in paying deferred installments, and its consequent forfeiture of the land 
to the school fund, does not relieve the county of liability for interest on the full 
amount. — Board of Commissioners v. State, 120 Ind. 442. 

[1865, p. 3. Approved and in force March 6, 1865.J 

382. Eorfeiture — Re-sale. 56. On failure to pay such 
annual interest when it becomes due, the contract shall become 
forfeited, and the land shall immediately revert to the township ; 
and the Auditor and Treasurer shall proceed, forthwith, again 
to sell the same, in like manner and on the terms above specified. 
If, on such second sale, such land shall produce more than suf- 
ficent to pay the sum owing therefor, with interest and costs 
and five per cent, damages, the residue shall, when collected, be 
paid over to the purchaser or his legal representative. (R. S. 
1881, § 4347; R. S. 1894, § 5772; R. S. 1897, § 6034.) 

1. Effect of Forfeiture— Surplus. A forfeiture under this section does 
not divert the title of the purchaser to the real estate, but simply authorizes the 
State to sell the real estate for its own reimbursement, the surplus going to the 
purchaser. — McPheters i'. Wright, 124 Ind. 560. 

2. Redemption. A purchaser of school lands having made default in the 
payment of interest on the purchase, the lands were resold. B}^ the law in force 
at the time of the purchase, a defaulting purchaser had a right to redeem within 
one 3'ear after the sale; by that in force at the time of the sale and at the time of 
the default a delinquent purchaser could redeem at any time before the sale, but 
not after. It was decided that the right to redeem was governed by the latter 
law. — Moor 1'. Seaton, 31 Ind. 11. 

3. Petition. No petition to sell is required under the above section. — 
McPheters v. Wright, 110 Ind. 519. 

383. Forfeiture, how prevented. 57. At any time before 
the sale, payment of the interest due and all costs, together 
with two per centum damages on the principal sum and inter- 
est due and owing for said land, shall prevent such sale and 
revive the original contract. (R. S. 1881, §4348; R. S. 1894, 
;§ 5773; R. S. 1897, § 6035.) 



288 SCHOOL LAW OF INDIANA. 

384. Forfeiture — Liability for waste. 58. In case ot sucli 
forfeiture, the original purchaser may be sued for waste or un- 
necessary injury done to such land. (E. S. 1881, § 4349 ; R. S. 
1894, § 5774; R. S. 1897, § 6036.) 

385. Suit for waste. 59. Such suit shall be prosecuted b}' 
the Auditor, in the name of the State, for the use of the proper 
congressional township. (R. S. 1881, § 4350 ; R. S. 1894, § 5775 ; 
R. S. 1897, § 6037.) 

386. Private sale. 60. When any land offered for sale at 
public auction shall remain unsold, the County Auditor may dis- 
pose of the same at private sale for the best price that can be 
had therefor, not being less than the minimum price affixed 
thereto. (R. S. 1881, § 4351 ; R. S. 1894, § 5778 ; R. S. 1897, 
§ 6040.) 

1. When Sale Authorized. This section authorizes a private sale onlv 
where the land has been offered for sale at public auction and I'emains unsold. — 
McPheters v. Wright, 110 Ind. 519. 

387. R,e-appraisement. 61. After the expiration of the 
term of four years after any appraisement and offer for sale of 
any lands in this State belonging to any township for school 
purposes, and such lands remain unsold, it shall be lawful to 
re-appraise, sell and dispose of said lands in the same manner 
that they would have been had such lands not been previously 
offered for sale : Provided, however, That such appraised value 
shall not be below the minimum price now fixed by law. (R. 
S. 1881, § 4352 ; R. S. 1894, § 5779 ; R. S. 1897, § 6041.) 

[1883, p. 75. Approved and in force March 3, 1883.1 

388. Advertisement of funds. 1. Whenever, in any 
county of the State of Indiana, the school fund, or any part of 
the school fund, apportioned to such county to be loaned out, re- 
mains unloaned, it shall be the duty of the Auditor of said 
county to advertise, in the months of January, April, July and 
October, for three consecutive weeks, in a weekly newspaper 
published in said county, that such amount of school fund re- 
mains unloaned, and that applicants for loans can secure the 
same by applying at his office and fulfilling the requirements 
of the law under which he is authorized to loan out the school 
fund. (R. S. 1894, § 5809 ; R. S. 1897, § 6063.) 



SCHOOL LAW OF INDIANA. 289 

L1883, p. 79. Approved and in force March 3, 1883.] 

389. Re-appraisement of forfeited lands. 1- All lands 
wliich have become forfeited and have reverted, or may here- 
after be forfeited and revert to the various townships in the sev- 
eral counties of this State, for failure to pay the interest or 
principal of the amount due thereon to the school fund, and 
which have remained or hereafter remain unsold for the period 
of three years, by reason of the amount due thereon being in 
excess of the values of said lands, may be re-appraised and sold 
for a sum not less than said re-appraised value thereof; and 
such re-appraisement and sale to be made in the same manner 
and upon the same terms and conditions as is now prescribed 
by law for the appraisement and sale of such lands. (R. S. 
1894, § 5776; R. S. 1897, § 6038.) 

1. To WHAT Land Appliable. This section relates to the sale of congress- 
ional township lands, and it has no reference to the right of the county to be re- 
imbursed for interest paid on loans out of the proceeds of a sale under a mortgage 
after the principal has been paid to the State. — Board v. State, 122 Ind. 333, 

390. Appropriation by Commissioners. 2. Upon the 
sale of such lands as provided for in the preceding section of 
this act, the Board of County Commissioners of the several 
counties in which said lands are situated may make an appro- 
priation, from the general county funds, a sum equal to the 
difference between the amount for which said lands shall have 
been forfeited and the amount for which such lands shall have 
last sold ; said sum appropriated to be placed to the credit of 
the proper fund and loaned as other school funds are loaned. 
R. S. 1894, § 5777 ; R. S. 1897, § 6039.) 

1. Mandatory. This section is mandatory, for the reason that the county is 
liable for all deficits in the funds entrusted to itscare.^Board v. State, 122 Ind. 333. 

391. Certificate of purchase. 62. A certified statement 
of such sale shall be made and signed by the Auditor, and, 
being first recorded by such Auditor in the records of the Board 
of County Commissioners, shall be delivered to the purchaser 
when he makes his first payment, and shall entitle him to a deed 
when the terms of such purchase shall have been fully complied 
with. (R. S. 1881, § 4353 ; R. S. 1894, § 5780 ; R. S. 1897, § 6042.) 

1. Judgment, No Lien. A judgment is no lien on land held by a certificate 
issued under this section.— Jeflfries v. Sherburn, 21 Ind. 112.— See Bell v. Corbin, 
136 Ind. 269. 

19 — ScH. Law. 



290 SCHOOL LAW OF INDIANA. 

392. Rights of purchaser. 63. Every purchaser, until 
forfeiture, shall be entitled to all the rights of possession before 
existing in such Trustee or township, and to all rights and 
remedies for rents becoming due or breaches of covenant occur- 
ring after his purchase under any lease existing at the time of 
his purchase, and for all waste committed thereafter. (R. S. 
1881, § 4354 ; R. S. 1894, § 5781 ; R. S. 1897, § 6043.) 

1. Estoppel. When the inhabitants of a township had received a part of the 
purchase money of school lands, and interest for several years on the balance, 
and expended the money for the purposes contemplated by the grant, and the 
purchaser had taken possession and made valuable improvements, it was held 
that they must be deemed to have acquiesced in the sale, and that they are 
estopped to deny its validity. — State v. Stanley, 14 Ind. 409. 

393. Failure to make first payment — Penalty. 64. A 

purchaser at such sale failing to make the first payment as above 
required shall pay ten per centum on the sum bid. to be recov- 
ered by action before any Court having jurisdiction, to be pros- 
ecuted by the County Auditor in the name of the State for the 
use of the proper township ; and the Auditor and Treasurer 
shall be competent witnesses. (R. S. 1881, §4355; R. S. 1894, 
§ 5782 ; R. S. 1897, § 6044.) 

1. Tender op Deed. In a suit to recover the final installment of purchase 
money, a deed should be first made and tendered. — Johnson v. State, 74 Ind. 588. 

394. Assignments. 65. I^o assignment of a certificate 
shall be valid unless acknowledged before some oflicer author- 
ized to take acknowledgments of deeds, or before the County 
Auditor, who shall, in all such cases, record the same. Assign- 
ments of certificates heretofore made before any ofiicer author- 
ized to take acknowledgments of deeds, when recorded, shall 
be as valid as if acknowledged before the County Auditor. 
(R. S. 1881, §4356; R. S. 1894, §5783; R. S. 1897, § 6045.) 

[1863, p. 11. Approved February 27, 1863, and in force October 10, 1863.J 

395. Defective assignments — Proceedings. 1. Whenever 
the certificate of the School Commissioner or Auditor of any' 
county of this State, issued for land sold, has been assigned by 
any person without a proper acknowledgment before the 
County Auditor or other proper ofiicer, or assigned by delivery, 
and such assignor is deceased, any assignee of such certificate, 



SCHOOL LAW OF INDIANA. 291 

claiming title to the land described therein, may file his com- 
plaint in the proper Circuit Court, making the County Auditor 
and the heirs of such deceased assignor parties thereto. If it 
shall be proved to the satisfaction of the Court that the 
plaintiff, or any party to the cause, is the equitable owner of the 
land, and the purchase-money has been fully paid to the school 
fund, the Court shall direct the Auditor to execute a proper 
conveyance to the plaintiff or other parties entitled thereto, 
although the certifi-cate has not been properly assigned or the 
assignment thereof properly acknowledged by the decedent. 
All other persons claiming any interest in the land may, on 
their application, be made parties and heard in the case. The 
Auditor shall execute a conveyance, according to the directions 
of the Court ; and such conveyance shall vest in the grantee 
the title of said land as fully and to all intents and purposes as 
if the certificate had been legally assigned and the assignment 
properly acknowledged. (R. S. 1881, § 4357 ; R. S. 1894, § 5784 ; 
R. S. 1897, § 6046.) 

[1865, p. 3. Approved and in force March 6, 1865.] 

396. Loan of purchase-money. QQ- When the residue of 
the purchase-money becomes due, the purchaser may retain the 
same as a loan for a term not exceeding three years, on payment, 
annually made in advance, of the interest thereon, at the rate 
then established by law for the loans of such funds ; but he shall 
receive no deed until full payment is made. (R. S. 1881, § 4358 ; 
R. S. 1894, § 5785 ; R. S. 1897, § 6047.) 

397. Payments. 67. Purchasers may, at any time before 
due, pay a part or the whole of such purchase-money. (R. S. 
1881, § 4359 ; R. S. 1894, § 5786 ; R. S. 1897, § 6048.) 

398. Lost certificate. 68. When any such certificate shall 
be lost before a deed be made, on proof thereof by aflidavit of 
the person interested, or other competent testimony, to be filed 
with the County Auditor, and after three months' notice of in- 
tention to apply for a new certificate, given in some newspaper 
printed nearest to where the land lies, such Auditor may issue 



292 SCHOOL LAW OF INDIANA. 

the same to the person entitled thereto. (R. S. 1881, §4360; 
R. S. 1894, § 5787; R. S. 1897, § 6049.) 

1. Lost Certificate. If a certificate is lost a new one may be issued to the 
purchaser, even to a grantee of the purchaser. — Hinkle v. Margexum, 50 Ind. 240, 
241. 

399. Purchase-money, where paid. 69. The purchase- 
money and interest, and all costs and damages above provided 
for, shall be paid to the Treasurer of the proper county, and his 
receipt therefor filed, by the person paying, with the County 
Auditor, who shall issue his quietus therefor. (R. S. 1881, § 4361 ; 
R. S. 1894, § 5788 ; R. S. 1897, § 6050.) 

400. Dnty of Auditor. 70. When such payment is in com- 
pletion of any contract of sale, the amount of such receipt shall 
be indorsed by the County Auditor on the certificate of purchase. 

(R, S. 1881, § 4362 ; R. S. 1894, § 5789 ; R. S. 1897, § 6051.) 

401. Deed. 71. On full payment for such land a deed shall 
be issued by the County Auditor, and entered upon the record- 
book of the Board of County Commissioners. (R. S. 1881, 
§ 4363 ; R. S. 1894, § 5790 ; R. S. 1897, § 6052.) 

1. Entby on Record. The deed, before delivery, must be entered on the 
record-book of the County Commissioners. — Arnold v. Gaff', 58 Ind. 543. 

[1877, p. 139. Approved and in force February 8, 1877.] 

402. Sale — Legalization. 1. In aU cases where school 
lands have been sold and certificate has either been issued to the 
purchaser or entered of record in the proper oifice, or otherwise, 
so the purchaser entered into possession and paid part of the 
whole of the purchase-money, or could have entered into occu- 
pancy, such sale shall be deemed and held a sale under the law, 
as much as it would be had a deed been made and delivered and 
the fee had been passed to the purchaser ; and such lands shall 
be deemed and held as having been sold, so as to make them 
liable to taxation, within the meaning of the law, as fully and 
completely as they would have been had a deed been delivered. 
All appraisements of lands so sold, and all assessments of the 
same for taxes, and all levies and collections of taxes thereon, 
heretofore made, are hereby legalized and declared to be lawful 
and valid, and shall in nowise be subject to question by reason 



SCHOOL LAW OF INDIANA. 293 

of such sale not having been consummated by execution and 
delivery of deed. (R. S. 1881, § 4364 ; R. S. 1894, § 5791 ; R. S. 
1897, § 6053.) 

[1865, p. 3. Approved and in force March 6, 1865.J 

403. Title, when complete. 72. Such deed shall^ be ex- 
ecuted and acknowledged, at the cost of the grantee, by the 
County Auditor, as in other cases ; and, thus executed and de- 
livered, shall vest in the grantee, his heirs and assigns, forever, a 
complete title to the land. (R. S. 1881, §4365; R. S. 1894, 
§ 5792 ; R. S. 1897, § 6054.) 

404. Sale had without vote. 73. The voters of any con- 
gressional township may, in the absence of a vote to sell land, 
and in lieu thereof, petition the Trustee of the township for such 
sale. Such petition, if signed by a majority of all the voters of 
the township, shall be filed with the County Auditor, and the 
same proceeding shall be had as provided in section fifty-four 
[§ 269], upon a vote of the inhabitants of the township for such 
sale. Such petition and certificate shall be recorded in the 
record book of the Trustee of the township and of the County 
Auditor of the investment of funds held for the benefit of com- 
mon schools and congressional townships. (R. S. 1881, § 4366 ; 
R. S. 1894, § 5793; R. S. 1897, § 6055.) 

1. Withdrawing Signature. See section 364. After a petition has been 
recorded, persons whose names are signed to it can not withdraw their signature 
so as to defeat a sale. 

405. Compensation on failure of title, 150. When any 
ofiicer authorized to sell school lands shall have sold any lands 
without a title thereto, such ofiicer, or his successor in ofiice 
may convey such other lands of equal value as may be agreed 
upon by such ofiicer and the purchaser, his heirs or assigns ; or, 
failing to make such agreement, the purchase money, with in- 
terest, shall be repaid to the purchaser, his heirs, executors, ad- 
ministrators or assigns ; but no such purchase money shall be 
thus repaid until the proper Prosecuting or District Attor- 
ney shall have investigated the facts of the case and certified to 
the correctness of the claim. (R. S. 1881, § 4367 ; R. S. 1894, 
§5794; R. S. 1897, §6056.) 

1. Sales Legalized. Sales in unauthorized subdivisions prior to March 3 
1855, were legalized. — Acts 1855, p. 144. 



294 SCHOOL LAW OF INDIANA. 

[1855, p. 49. Approved March 1, 1855, and in force August 17, 1855.] 

406. Lands of surplus revenue fund, how sold. 1. Where 
the surplus revenue fund belonging to common schools, in any 
county in this State, or any part of such fund, has by any means 
become invested or changed into real estate, the Board of Com- 
missioners of such county are hereby authorized to dispose 
of the same, by sale, in such manner as may seem best for 
the interest of the common school fund, and to reinvest the 
proceeds of such sale in the manner directed by law for the 
investment of other moneys belonging to the common school 
fund. (R. S. 1881, § 4368 ; R. S. 1894, § 5795 ; R. S. 1897, § 6057.) 

[1893, p. 41. Approved and in force February 17, 1893.] 

407. Interest — Judgment. 1- The principal of all moneys, 
whether belonging to the common school fund or to the congres- 
sional township school fund, received into the county treasury 
shall be loaned at 6 per cent, per annum, payable annually in 
advance, and the interest paid out as prescribed by the school 
law of this State, and not otherwise ; and any judgment upon 
any note or mortgage for any part of said fund shall bear 6 per 
cent, interest from the date thereof till the same is paid ; and 
no greater rate of interest than is herein specified shall be 
exacted or received upon any loan heretofore made at the rate 
of 8 per cent, per annum shall, from and after the taking eflJect 
of this act, draw 6 per cent, interest per annum, the same as if 
negotiated under the provisions of this act. (R. S. 1894, § 5796 ; 
R. S. 1897, § 6058.) 

1. Repeal. This act repeals tliat of March 2, 1889. Acts 1889, p. 81. 

2. Interest After Maturity. A school fund mortgage draws the same 
interest after maturity that it does before. — Stockwell ^K State, 101 Ind. 1. 

[1883, p. 75. Approved and in force March 3, 1883.] 

408. Advertisement of funds. 1. Whenever, in any county 
of the State of Indiana, the school fund, or part of the school 
fund, apportioned to such county to be loaned out, remains un- 
loaned, it shall be the duty of the Auditor of said county to 
advertise, in the months of January, April, July and October, 
for three consecutive weeks, in a weekly newspaper published 
in said county, that such amount of the school fund remains 
un loaned, and that applicants for loans can secure the same by 



SCHOOL LAW OF INDIANA. 295 

applying at his office and fulfilling the requirements of the law 
under which he is authorized to loan out the school fund. (R. 
S. 1894, § 5809 ; R. S. 1897, § 6063.) 

[1899, p. V26. Approved and in force February 24, 1899.] 

409. Bulletin board of loans. 1. Each County Auditor 
within this State shall immediately upon the taking eiFect 
of this act, cause to be placed in a conspicuous place in the Au- 
ditor's office at the court house of this county a bulletin board, 
if such board is not already provided, on which bulletin board 
such County Auditor shall on the first of each month post or 
write a statement showing the amount of unloaned school 
funds, if any, in the count}^ treasury which statement shall be 
kept on said board during said month or until loaned by him. 

[Acts 1865, p. 3. Approved and in force March 6, 1865.J 

410. Auditor's duty. 75. Such loans shall be made by 
the County Auditor, who shall inform himself of the value of 
tlie real estate offered in the mortgage and be satisfied of the 
validity of the title thereof; and all persons applying for a loan 
shall produce to said Auditor title papers, showing to his satis- 
faction, a good and sufficient title in fee-simple, without incum- 
brance, [and] not derived from sale for taxes. (R. S. 1881, § 
4370; R. S. 1894, § 5797; R. S. 1897, § 6059.) 

1. Prior Mortgage. The existence of an incumbrance to the knowledge of 
the Auditor does not invalidate the mortgage as against the borrower — Deming 
V. State, 23 Ind. 416. 

2. Personal Security. A loan on personal security only, without a mort- 
gage, though a violation of the Auditor's duty, is nevertheless binding upon tlie 
borrower and the surety. — Scotten v. State, 51 Ind. 52. 

3. Loan to Himself Unlawful. A mortgage executed by a County Auditor 
to secure a loan of a part of the common school fund made to himself is valid or 
invalid at the option of those having the supervisory control of the fund. The 
loan is unlawful as against public policy, and is a breach of the Auditor's official 
bond, but the mortgage may, both to the Auditor and those claiming under him, 
be resorted to and enforced as a means of reimbursing the fund, looking to the 
Auditor and his sureties for any deficiency that may remain after the mortgaged 
land has been exhausted. — State v. Levi, 99 Ind. 77. See also Stockwell v. State, 
101 Ind. 1 ; State v. Greene, 101 Ind. 532, and Ware v. State, 74 Ind. 181. 

4. Suit to Cancel Mortgage. A suit can not be maintained against the 
Auditor to cancel a school fund mortgage. — Crooks v. Kennett, 111 Ind. 347; 
Snodgrass v. Morris, 123 Ind. 425. 



296 SCHOOL LAW OF INDIANA. 

5. Auditor Agent of Public. In making a loan a County Auditor acts 
neither for himself nor the borrower, hut for the public; he possesses no powers 
except such as is given by statute ; and all persons are bound to take notice of 
the character in which he acts and his limited powers. — Davee v. State, 7 Ind. 
App. 71. 

4il. Appraisement. 7G. The Auditor sliall require three 
disinterested freeholders of the neighborhood to appraise any 
land offered in mortgage. (P.. S. 1881, § 4371; R. S. 1894, 

§ 5798; R. S. 1897, § 6060.) 

412. Duty of appraisers. 77. Such appraisers, being first 
officially sworn, shall examine and appraise such land, and sign 
and give to the applicant a certificate, setting forth the fair 
cash Yalue of the land at the time, without taking into consid- 
eration perishable improvements. (R. S. 1881, § 4372 ; R. S. 
1894, § 5799 ; R. S. 1897, § 6061.) 

[1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 

413. Loans outside of county. 78. In making such loans 
preference shall be given to the inhabitants of the county: 
Provided, That whenever any of such funds shall have remained 
in the treasury of any county to which the same may belong 
for a period of three months, without being loaned to any 
inhabitant of said county, then the Auditor of said county may 
loan tlie same to any freeholder of any other county in Indiana, 
upon his complying with the law regulating such loans. When 
the land received as security for any' such loan is situated in 
any county of the State other than the one in which the loan is 
made, and there is default in the pa3^ment of interest or prin- 
cipal, the Auditor of the county making the loan shall at once 
transmit to the Auditor of the county where the land is situated 
a certified copy of the note and mortgage given for the loan, 
with a statement of su(;h default in payment, and the Auditor 
of such latter county shall, upon such certified copy, at once 
proceed to enforce the collection of such loan either by suit or 
sale of the land, as is now provided by laAv; and, after receiv- 
ing such certifi.ed copy by said Auditor, all steps taken, and all 

.proceedings had, with reference to said loan or the land which 
was mortgaged shall be the same as if tiie loan had originally 
been made out of the funds belonging to said county; and all 



• SCHOOL LAW OF INDIANA. 297 

money collected or realized upon such loan shall at once, as 
soon as collected or realized, be paid over to the Auditor of the 
county having made the loan. (R. S. 1894, § 5800; R. S. 1897, 
§ 6062.) • 

1. Old Law. Until this section was enacted a loan could not be made out- 
side of the county, although the mortgage given to secure it was valid. — Skelton 
V. Bliss, 7 Ind. 77. 

[1901, p. 152. Approved and in force March 7, 1901.] 

414. Loan of School and University Funds. 1. The 

principal of all moneys, whether belonging to the Common 
School Fund, the Congressional Township School Fund, or the 
Permanent Endowment Fund, Indiana University, received into 
the county treasury, shall be loaned at six per cent, per annum 
payable annually at the end of each year from the date of such 
loan. 

415. Limit of loan. 2. The amount loaned to any person 
or company from the Common School Fund, the Congressional 
Township School Fund, or the Permanent Endowment Fund, 
Indiana University, shall not exceed four thousand dollars. 

1. Exceeding Limit. Although the amount loaned exceed the amount 
allowed by this section, yet the loan is valid. — Deming v. State, 23 Ind. 416. 

416. Percentage of value of land. 3. The sum loaned 
shall not exceed one-half the appraised value of the premises 
proposed to be mortgaged clear of all perishable improvements : 
Provided, That where [when] such premises are situated in a 
county other than that to which such fund may belong the sum 
loaned thereon shall not exceed forty per cent, of the appraised 
value of such premises, exclusive of perishable improvements, 

417. Length of time. 4. ^o loan shall be made for a 
longer term than five years, and any borrower of such funds 
shall have the right to pay not less than ten per cent, of any 
sum so loaned to him at the end of any year during the matur- 
ing of said loan, and shall not be required to pay any interest 
thereafter on such sum paid. 



298 SCHOOL LAW OP INDIANA. 

418. County may borrow. 5. In any countj^ in this State 
where the Common School Fund, Congressional Township 
School Fund, or the Permanent Endowment Fund, Indiana 
University, or either of said funds, subject to loan by the County 
Auditor, shall accumulate to the amount of one thousand dol- 
kirs or more, and shall remain unloaned for a period of thirty 
days or more, and such county shall not have sufficient money 
in its treasury to pay the debts and obligations then owing by 
such county, it sliall be lawful for such county to borrow and 
use such unloaned school funds, or any portion thereof, for a 
period not exceeding five years. 

419. Note of county — County Council. 6. Whenever 
any County Council shall determine to bon-ow and use any such 
funds under the provisions of this act, such Council shall cause 
to.be entered of record an order specifying the amount of such 
funds to be borrowed and used, and the time for which such 
loan shall be made, and shall execute to the State of Indiana, 
for the use of the said funds, a written obligation signed by the 
President of said Council, specifying the facts under which the 
same is executed, the sum of money borrowed, and the time 
when such money shall be repaid to such county. Said obliga- 
tion shall be deposited with the Auditor of the county, and 
shall be preserved by him as mortgages for loans of such funds 
are kept and preserved; and such Auditor shall make the same 
entries of record in his office respecting such loans as he is re- 
quired by law to make when loans of such funds are made to 
private individuals. 

420. Auditor's warrant. 7. On the deposit of such obli- 
gation with the County Auditor, he shall draw his warrant 
upon the County Ti^asurer, in favor of such county, for the 
amount of money specified in such order and obligation ; and 
on presentation of such warrant to such Treasurer he shall 
transfer from the principal sum of the Common School Funds, 
the Congressional Township School Funds or the Permanent En- 
dowment Fund, Indiana University, in his hands, subject to loan, 
to the credit of the county revenue of such county, the amount 
of such warrants, and such sum shall become a pai't of the gen- 
eral revenue funds of the county. JSTo County Auditor shall act as 



SCHOOL LAW OF INBIANA. 299 

agent foi^ any person, firm or corporation, either directly or in- 
directly, during his term of ofKce, in the negotiation of any loan 
of money, other than in loaning the funds mentioned in this act. 

421. Rate of interest. 8. Any county borrowing and 
using any funds under the provisions of this act, shall be re- 
quired to pay interest for the use of such funds at the rate of 
six per cent, per annum. 

. 422. Payment of loan. 9. On the payment by any county 
of a loan made under this act, the same proceedings shall be 
had by tlxe County Auditor and Treasurer as is required by law 
to be taken and had, so far as entries upon their records are 
concerned, as when a loan of school funds or State University 
funds is paid by a private individual, and when such loan is 
fully paid, and a receipt therefor given by the County Treas- 
urer to the County Auditor, such Auditor shall enter of record 
a statement showing such payment and shall cancel the obliga- 
tion given by the County Council and file the same for future 
reference in the archives of his office. 

423. Transfer from one county to another. 10. When- 
ever more than five thousand (5,000) dollars of either of said 
funds remains unloaned in any county for a period of six (6) 
months, it shall be the duty of the County Auditor to notify 
the Auditor of State of such fact, with the name of the fund to 
which such unloaned sum belongs, and the amount so unloaned. 
The Auditor of any county having applications for loans beyond 
the amount of the funds now apportioned to said county shall 
notify the Auditor of State of such fact, and the Auditor of 
State may transfer the unloaned funds from any county to any 
other county, crediting the county from which the same is 
transferred with the amount so transferred, and charging the 
county to which the same is transferred with such amount, and 
thereafter the county to which such sum is transferred shall 
account for the interest thereon. 

1. Note. Section ]1 repeals all laws in conflict with the ten preceding sec- 
tions. 

[1881 , p. 99. Approved and in force April 14, 1881.] 

424. Certificate as to liens. 1. An applicant for a loan 
of a part of the Common School Fund or of the Congressional 
Township School Fund shall file with the Auditor of the county 



300 SCHOOL LAW OF INDIANA. 

the certificate of the Clerk and Recorder of the county that there 
is no incumbrance on the land offered as a security for the loan 
in either of said ofiices : Provided, That where the records, books 
and papers of the Clerk's oflSce have been destroyed by fire, the 
Clerk's certificate shall only state the fact and date of such de- 
struction, and that there is no incumbrance on said land appear- 
ing from any of the records, books and papers then on file in 
his office, and that there is no incumbrance on said land in his 
office of which he has any knowledge. The applicant shall also; 
in such case, execute to the State of Indiana, for the benefit of 
the common school fund, a bond with one or more freehold 
sureties to the approval of the Auditor, conditioned for the pay- 
me.nt of so much of the loan as may be lost by reason of any 
incumbrance or lien upon the land which was evidenced by the 
records, books or paper in the Clerk's office which have been de- 
stroyed. (R. S. 1881, § 4375 ; R.S. 1894, §5802; R. S. 1897, §6065.) 

1. Evidence. For the purpose of showing that the law was complied with in 
making a loan, the certificate of the Clerk and Recorder and the affidavit of the 
mortgagor are competent evidence to show a compliance with this statute. — Stock- 
well V. State, 101 Ind. 1. 

2. Prior Lien. At the time the loan was made there was a prior incum- 
brance on the lands mortgaged, of which fact the Auditor had notice by the bor- 
rower's affidavit of title, but it was held that the mortgage was valid as against 
the borrower. — Deming v. State, 23 Ind. 416. 

3. Negligence op Auditor — Irregularity of Loan. A complaint to enjoin 
a sale of land by a County Auditor to satisfy a School Fund mortgage, which 
shows that the plaintiff, after the mortgage was executed, purchased the land 
under the foreclosure of a secret vendor's lien antedating the mortgage, and alleges 
that the plaintiff, at the time the mortgage was executed, held a judgment against 
the mortgagor, but makes no claim of title under that judgment, and alleges fur- 
ther that the Auditor in faking the mortgage failed to require an oath of the mort- 
gagor and a certificate of the Clerk and Recorder that the land was unincumbei-ed, 
and also failed to have the property appraised, as provided by law, is not sufficient 
to entitle the plaintiff to an injunction or to avoid the mortgage. — Winstandley v. 
Crim, 117 Ind. 328. 

[1865, p. 3. Approved and in force March 6>1865.] 

425. Oath of applicant. 81. Such applicant shall make 
oath that there is no incumbrance or better claim, that he 
knows of, and that the abstract of the title presented by him is, 
as he believes, a true one. (R. S. 1881, §4376 ; R. S. 1894, §5803 ; 
R.S. 1897, §6066.) 

1. No Affidavit. A failure to make the affidavit* does not render the loan 
void.— Winstandley v. Crim, 117 Ind. 328. 



SCHOOL LAW OF INDIANA. 301 

2. Mareied Woman. Where a married woman, in executing the usual 
preliminary papers, states that she is the owner of the land and is also the 
borrower, she can not thereafter assert that her husband was borrowing the money 
and she was only his surety.— State v. Frazier, 134 Ind. 648; Lloyd v. State, 134 
Ind. 506; Davee v. State, 7 Ind. App. 71; Snodgrass i;. Morris, 123, Ind. 425; 
Trimble v. State, 145 Ind. 154. But if her husband is the borrower, and she makes 
no declaration in the preliminary papers that she is the borrower, her mortgage 
on her land for the amount borrowed is invalid. — Welch v. Fisk, 139 Ind. 637. 

426. Time of Loan. 82. JSTo loan shall be made for a 
longer term than five years. (R. S. 1881, §4377; R. S. 1894, 

§5804; R. S. 1897, §6067.) 

[1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 

427. Limit of loan. 3. The sum loaned shall not exceed 
one-half of the appraised value of the premises proposed to be 
mortgaged, clear of all perishable improvements : Provided, 
That where such premises are situated in a county other than 
that which such fund may belong, the sum loaned thereon shall 
not exceed one-fourth of the appraised value of such premises, 
exclusive of perishable improvements. Such value to be deter- 
mined by existing laws of the State of Indiana. It is hereby 
made the duty of the Board of Commissioners of each county 
in this State, at their first regular session after the taking eft'ect 
of this act, to appoint in each Commissioner's district of the 
county three reputable freeholders, any two of whom, without 
the concurrence of the third, may act as school fund appraisers, 
whose duty it shall be upon oath to make all the appraisements 
of lands in their respective districts, required in this act or in 
the act of which this is amendatory. Said appraisers, or any 
of them, may be removed and new ones appointed by said 
Board at any regular or special session, and in case any of such 
appraisers is at any time disqualified, by reason of kinship or 
interest, from acting, the appraisement shall be made by the 
other appraisers, who, in case of a disagreement, shall select a 
third appraiser. Said appraiser shall receive the same compen- 
sation for making each appraisement, and be paid in the same 
manner as such ajypraisers are now paid. (R, S. 1894, § 5805 ; 
R. S. 1897, § 6068.) 

1. vSee section 415, page 297, in regard to limit of loan. The act of 1901 
prevails. 



302 SCHOOL LAW OF INDIANA. 

[1865, p. 3. Approved and in force March 6, 1865.] 

428. Acknowledgments and oaths. 84. The Auditor 
shall have the power to administer all oaths and take all ac- 
knowledgments required hy this act. (R. S. 1881, § 4379; R. S= 
1894, § 5806; R. S. 1897, § 6069.) 

429. Record of mortgages — Priority. 85. Mortgages 
taken for such loans shall be considered of record from the 
date thereof, and shall have priority of all mortgages or con- 
veyances not previously recorded, and all other liens not pre- 
viously incurred, in the county where the land lies. (R. S. 1881, 
§ 4380 ; R. S. 1894, § 5807 ; R. S. 1897, § 6070.) 

1. Lien Without Record. A school fund mortgage is a lien upon the land 
as to suhsequent purchasers without being recorded. — West v. Wright, 98 Ind. 335 ; 
Darning v. State, 23 Ind. 416. 

2. Parties holding or claiming through the mortgagor in a school fund mort- 
gage are bound to take notice of the mortgage, though not recorded. A school 
fund mortgage is not void as to the State because the County Auditor has made 
the loan to himself. Such mortgage draws the same interest after foreclosure as 
before maturity. — Stockwell v. State, 101 Ind. 1 . 

3. Tax Title Subject to Mortgage. The purchaser and grantee of real 
estate, under the tax deed, takes his title to such real estate under the provisions 
of R. S. 1894, §8623; R. S. 1897, §9158, and subject to all the claims which the 
State may have thereon for taxes, or other liens or incumbrances, such as a mort- 
gage executed thereon to the State, as a security for the payment of a loan to the 
school fund, prior to such tax sale and the execution of such tax deed. This is 
so, although the taxes for which the real estate was sold, had been assessed and 
delinquent before the execution of such school fund mortgage. — State v. Wasson, 
95 Ind. 175. So a sale of lands for taxes which accrued after the execution of a 
school fund mortgage is subject to the mortgage lien. — Stockwell v. State, 101 
Ind. 1. Where a mortgage to secure a school fund loan is assumed by the pur- 
chasers of the real estate, the mortgagors to whom the loan was made do not, by 
a subsequent purchase of the real estate sold by the Auditor to satisfy the mort- 
gage take the property divested of liens for taxes assessed by the city in which the 
property is situated. — City of Logansport v. McConnell, 121 Ind. 416. 

4. Notice of Mortgage— Purchaser at Tax Sale. Land on which the 
owner has placed a school fund mortgage is as much liable to taxation as any 
other land ; and a person buying it at tax sale within the year for redemption from 
a sale on foreclosure of mortgage can not recover the amount paid for taxes. At 
most the mortgage is only a first lien to city taxes. The purchaser is bound to take 
notice of the school mortgage and decree of foreclosuj'e. He must be held to pur- 
chase with full knowledge of mortgage, the foreclosure, and to have purchased 
subject to the lien. — McWhinney v. City of Logansport, 132 Ind. 9. 

430. Auditor's duty. 86. The Auditor shall cause such 
mortgages to be recorded immediately, retaining the cost of 



SCHOOL LAW OF INDIANA. . 303 

\ 

recording om of the money borrowed. (R. S. 1881, § 4381 ; R. 
S. 1894, § 5808; R. S. 1897, § 6071.) 

1. Acknowledgments. If the mortgage be recorded, not being acknowl- 
edged or proved as our general laws require to admit mortgages to record in the 
Recorder's office, such record is no notice to subsequent bona fide purchasers. But 
the act of 1843 (now § 308) requires that such mortgages shall be deemed recorded 
from their date; and this is notice. — Deming v. State, 23 Ind. 416; Mann v. State, 
116 Ind. 383. 

2. Lien Without Record. A school fund mortgage is a lien upon the land 
as to subsequent purchasers, without being recorded. — West v. Wright, 98 Ind. 335. 

3. Cancellation of Mortgage. An action to cancel a school fund mort- 
gage will not lie against a County Auditor; the State is the party in interest. — 
Crooks V. Kennett, 111 Ind. 347; Snodgrass v. Morris, 123 Ind. 425. 

431. Fees. 108. The following fees only shall be charged 
in cases of mortgage for loans : To each appraiser, fifty cents ; 
for recording mortgage, one dollar; for drawing mortgage, one 
dollar; for making borrower's affidavit, ten cents; for Clerk's 
certificate, fifty cents ; for Recorder's certificate and examining 
title, each one dollar; which shall be paid by the borrower. 
(R. S. 1881, § 4382 ; R. S. 1894, § 5810 ; R. S. 1897, § 6072.) 

432. Interest unpaid — Auditor's duty. 87. On failure to 
pay any installment of interest when the same becomes due, the 
principal sum shall forthwith become due and payable, and the 
Auditor may proceed to collect the same by suit on the note, 
or by sale of the mortgaged premises. He may also, by suit, 
recover the possession of the mortgaged premises before sale 
thereof; and he shall, on the fourth Monday in March, annually, 
offer for sale all mortgaged land on which payments of interest 
are due on the first day of January and unpaid on the day of 
sale. (R. S. 1881, § 4383 ; R. S. 1894, § 5811 ; R. S. 1897, § 6073.) 

[1885, p. 195. Approved April 11, 1885, and in force July 18, 1885.] 

433. Collection on default. 4. It shall be the duty of the 
Auditor of each county, in case default shall be or has been 
made in the payment of principal or interest of any school fund 
loan, to at once proceed to enforce the collection of such prin- 
cipal or interest, as the case may be ; and any Auditor who shall 
fail or refuse to comply with the requirements of this section 
shall be deemed guilty of a misdemeanor, and upon conviction 



304 SCHOOL LAW OF INDIANA. 

shall be fined in any sum not exceeding one thousand dollars, 
(R. S. 1894, § 5812 ; R. S. 1897, § 6074.) 

1. Statute Maistdatory. In selling lands, the Auditor must strictly fol- 
low the requirements of the statutes upon the subject. Where sale is made to 
make a greater sum than is due, the sale is void ; and where the borrower has 
made a payment of interest, and failed to file the Treasurer's receijat with the 
Auditor, it will not excuse the Auditor for selling to make a sum greater than is 
really due. — Key v. Ostrander, 29 Ind. 1 ; Arnold v. Gaff, 58 Ind. 543. The law in 
force at the time of sale, providing the method, notice and other elements of 
remedy, governs the sale. — Webb ■;;. Moore, 25 Ind. 4 ; Jones v. Hopkins, 26 Ind. 
450; Moore i). Seaton, 31 Ind. 11. 

2. Tax and Other State Liens. The purchaser at a tax sale takes the land 
subject to a school mortgage or any other lien held by the State. This is so, although 
the taxes for which the real estate was sold, had been assessed and delinquent be- 
fore the execution of such school fund mortgage. — State v. Wasson, 95 Ind. 175. 
So a sale of lands for taxes which accrued after the execution of a school fund 
mortgage is subject to the mortgage lien. — Stockwell v. State, 101 Ind. 1. Where 
a mortgage to secure a school fund loan is assumed by the purchasers of the real 
estate the mortgagors to whom the loan was made do not, by a subsequent pur- 
chase of the real estate sold by the Auditor to satisfy the mortgage take the prop- 
erty divested of liens for taxes assessed by the city in which the property is situ- 
ated. — City of Logansport v. McConnell, 121 Ind. 416. 

3. Can Not Eelease Without Payment. The Auditor of a county has no 
authority to release a school mortgage unless the money is paid, and where a 
party is entitled by his contract to an unincumbered title, he is not compelled to 
accept a conveyance of land thus encumbered, though the Auditor has released 
the mortgage of record. — Conley v. Dibber, 91 Ind. 413. 

4. When Auditor May Proceed. The Auditor may proceed, immedi- 
ately upon default in the payment of the principal or interest, to collect the en- 
tire mortgage due, and he has no discretion in offering for sale, on the fourth 
Monday in March, all such lands in default on the first day of January. 

5. Foreclosure. A suit by the County Auditor to foreclose a mortgage 
may be maintained instead of resorting to statutory proceedings. — Deming v. 
State, 23 Ind. 416; Ferris t). Cravens, 65 Ind. 262; Stockwell v. State, 101 Ind. 1; 
Kendall v. Green, 101 Ind. 532. 

434. Fund to be specified. 88. The mortgage may be, in 
substance, as follows; and the Auditor shall specify therein 
whether the same belongs to the common school fund or to the 
congressional township fund, and, if the latter, the particular 
township or townships whose funds are thus loaned. (R. S. 
1881, §4384; R. S. 1894, §5813; R. S. 1897, §6075.) 

1. Omissions to Specify. The omission to state the particular fund does not 
render the mortgage void. — Benefiel v. Aughe, 93 Ind. 401, 407; Ellis v. State, ? 
Ind. 262. 



BCHOOL LAW OF INDIANA. 305 

435. Form of mortgage. 89. I, A. B., of the county 

of , in the State of Indiana, do mortgage to the State 

of Indiana, for the use of [here describe the fund out of which 
the loan was made] all [here describe the land], for the pay- 
ment of — ^ — dollars, with interest at the rate of eight per cent. 
per annum, payable annually in advance, according to the 
conditions of the note hereto annexed. (R, S. 1881, §4385; 
E. S. 1894, §5814; R. S. 1897, §6076.) 

1. Construction. For cases on school mortgages, see Burk v. Axt, 85 Ind. 
512 ; Nolan v. State, 115 Ind. 529. 

2. Description. A description of land in a school fund mortgage as "the 
northeast part" of a specified tract, "containing ninety acres," is insufficient, 
and an Auditor's sale made thereunder is invalid. — Burk v. Axt, 85 Ind. 512. 
If the mortgage does not contain a proper description of the land, such description 
may be corrected on a decree to foreclose the mortgage. — Noland v. State, 115 
Ind. 529. 

3. Presumption. A deed or mortgage made in the form prescribed by the 
law of this State, and purporting to have been acknowledged in this State between 
parties residing in the State, and containing nothing to indicate a contrary inten- 
tion, will be presumed by the courts to be of land in this State. Where both the 
county and State are omitted from the description of land embraced in a mortgage, 
but it appears on the face of the mortgage that it was executed by parties residing 
in a certain county for the purpose of securing a loan of school funds borrowed by 
the mortgagor, through the Auditor of that county, it will be presumed, without 
more, that the land is there situated. — Mann v. State, 116 Ind. 383. Quare: Would 
this rule of presumption prevail now, since Auditors may lend outside of their 
counties? 

4. Cancelling Mortgage. In an action to set aside and cancel a school 
fund mortgage, the County Auditor is not a proper defendant, and a judgment 
against such officer in such actions will not bind the State, it not being a party, 
and it is very doubtful if the State can even be thus sued. — Crooks v. Kennett, 111 
Ind. 347 ; see Snodgrass v. Morris, 123 Ind. 425. 

5. Wife. A wife may borrow money and mortgage her own land to discharge 
valid liens thereon, or for a purpose that enures to its benefit or protection. — 
Noland v. State, 115 Ind. 529. 

6. Loan to Married Women — Estoppel. If a married woman, to obtain a 
loan, complies with all the statutory requirements in relation thereto and executes 
a mortgage upon her separate real estate, she is estopped from questioning the 
validity of the mortgage; and the fact that the Auditor may have had knowledge 
that he was obtaining llie loan as security for another, can not affect the validity 
of the mortgage when he acted within the letter of the statute, and the mortgage 
has been voluntarily executed. — Davee v. Board, 7 Ind. App. 71. The Auditor 
must pay her the money, and if he pay another he will be personally liable ; but 
in such an instance the mortgage will be valid. — Lloyd v. State, 134 Ind. 506. 
But if she gives a mortgage for a loan made to her husband or any other person, 
the mortgage is invalid. — State v. Frazier, 134 Ind. 648. 

20— ScH. Law. 



306 SCHOOL LAW OF INDIANA. 

436. Form of note. 00. The note accompanying tlie same 
may be in substance as follows, to wit : I, A. B., promise to 
pay to the State of Indiana, for the use of [here recite the partic- 
ular fund], on or before , the sum of dollars, with 

interest thereon at the rate of eight per cent, per annum in 

advance, commencing on the day of ,18 — ; and 

do agree that, in case of failure to pay any installment of inter- 
est when the same shall become due, the principal sum shall 
become due and payable, together with all arrears of interest ; 
and on failure to pay such principal or interest when due, two 
per cent, damages shall be collected, with costs, and the prem- 
ises mortgaged may be sold by the County Auditor for the 
payment of such principal sum, interest, damages and costs. 
(R. S. 1881, § 4-386; R. S. 1894, § 5815; R. S. 1897, § 6077.) 

1. Note Not Signed. A mortgage executed to secure a note attached to it 
is binding, though the note is not signed; and there is no error in allowing the 
note to be read in evidence, it being a part of the mortgage.— McFadden v. State, 
82 Ind. 558. 

2. Illegal Fees. As to attorney fees charged for collecting a note, see 
Coleman v. Goben, 16 Ind. App. 346. 

437. Warrant to borrower. 91. On making a loan of 
any fund, the Auditor shall draw his Avarrant in favor of the 
borrower' upon the County Treasurer, who shall charge it to 
the proper fund. (R. S. 1881, § 4387 ; R. S. 1894, § 5816; R. S. 
1897, § 6078.) 



Payments — Q,uietus. 92. All loans refunded and 
all interest shall be paid to the County Ti^easurer, and his 
receipt shall be filed with the County Auditor, who shall give 
the payer a quietus therefor, and make proper entries. (R. S. 
1881, § 4388; R„ S. 1894, § 5817; R. S. 1897, § 6079.) 

1. Note. The Auditor is bound to take notice of a payment to the Treas- 
urer, whether or not receipt has been filed with him.^ — Key v. Ostrander, 29 Ind. 1. 

2. Payment to Treasurer and Not to Auditor. Payment should be 
made to the County Treasurer and not to the County Auditor. — Cole v. Miller, 
60 Ind. 463. 

3. Cancellation of Mortgage. A purchaser of the land mortgaged has 
a right to rely upon the cancellation of such mortgage by the Auditor; and need 
not inquire if the money due on it has been paid to the County Treasurer. — 
Slaughter v. State, 132 Ind. 465. 



SCHOOL LAW OF INDIANA. 307 

439. Indorsements and satisfaction. 93. Whenever the 
amount due on any mortgage shall be paid, and the Treasurer's 
receipt therefor filed, the Auditor shall indorse on the note and 
mortgage that the same has been duly satisfied, and surrender 
the same to the person entitled thereto; and, on production of 
the same thus endorsed, the Recorder shall enter satisfaction 
upon the record. (R. S. 1881, § 4389 ; R. S. 1894, § 5818 ; R. S. 
1897, § 6080.) 

1. Entry of Satisfaction. The County Eecorder can enter satisfaction of 
a school fund mortgage before foreclosure only upon indorsement by the County 
Auditor that the same has been fully paid. — Stockwell v. State, 101 Ind. 1. 

2. Release Without Payment. A release of a mortgage by the County 
Auditor without payment is invalid. — Conley v. Dibber, 91 Ind. 413; see Slaughter 
V. State, 132 Ind. 465. 

3. Improperly Satisfied If a mortgage be improperly satisfied it may 
still be enforced. — State v. Greene, 101 Ind. 532, but a purchaser in good faith 
will be protected; Slaughter v. State, 132 Ind. 465. 

440. Suit for deficiency. 94. In all cases where the mort- 
gaged premises shall fail to sell for a sum sufiicient to satisfy 
the principal and interest of the loan made, and the damages 
accrued by reason of such failure, and costs, the County Auditor 
shall bring suit on the notes executed by the mortgagor ; and 
whenever judgment shall be rendered thereon, no appraisement 
of property shall be allowed on execution issued on such judg- 
ment. (R. S. 1881, § 4890; R. S. 1894, § 5819; R. S. 1897, 
§ 6081.) 

• 1. The Relator. The County Auditor is the proper relator in a suit to re- 
cover school funds loaned. — Scotten v. State, 51 Ind. 52; Lopp v. Woodward, 1 
Ind. App. 105. 

2. When Suit for Deficiency May be Brought. A County Auditor who 
bids in, at public auction, land mortgaged to the school fund, can not proceed on 
the note executed by the mortgagor until he has made the subsequent sale re- 
quired by section 443, and fails to realize enough to satisfy the amount due. — 
Clark V. State, 109 Ind. 388. 

3. Judgment. The property may be ordered sold, in the judgment, without 
appraisement. — Stockwell v. State, 101 Ind. 1. 

441. Notice of sales. 95. Before sale of mortgaged prem- 
ises, the Auditor shall advertise the same in some newspaper 
printed in the county where the land lies, if any there be (other- 
wise, in a paper in the State nearest thereto), for three weeks 



308 SCHOOL LAW OF INDIANA. 

successively, and, also, by notice set up at the court liouse cloor 
and at three public places in the township where the land lies. 
(R. S. 1881, § 4391 ; R. S. 1894, § 5820 ; R. S. 1897, § 6082.) 

1. Length of Notice. The Legislature may change the requisite length of 
notice even after the mortgage has been given. — Jones v. Hopkins, 26 Ind. 450. 

2. No Compensation. The Auditor is not entitled to compensation for post- 
ing notices of sale. — The Board v. Leslie, 63 Ind. 492. 

3. Sale Without Notice. A sale without notice is not such new matter as 
will entitle the mortgagor to a new filing of the amount owed by him. — Peyton t). 
Kruger, 77 Ind. 486. A failure to give notice will render the sale void. — Brown 
1), Ogg, 85 Ind. 234. 

4. Sufficiency of Notice. A notice, under this section, describing the in- 
debtedness as due the "Common and Congressional School Fund" is sufficient. 
If the notice contains a correct description of the land by metes and bounds it is 
sufficient, although it erroneously states that the land was conveyed by a certain 
deed. "All tracts may be included in one notice, if they be exposed for sale as 
separate tracts. The courts will presume the land lies in the county of the sale 
where the section, township and range are given. — Kichardson v. Hedges, 150 
Ind. 53. 

442. Manner of sale— Surplus. 96. At such sale (which 
shall be held at the court house door), the Auditor shall sell so 
much of the mortgaged premises, to the highest bidder, for cash, 
as will pay the amount due for principal, interest, damages and 
costs. When less than the whole tract mortgaged shall be sold, 
the quantity sold shall be taken in a square form, as nearly as 
possible, off the northwesterly corner of said tract ; and when 
less than the whole of any in-lot or out-lot of any town or city 
shall be sold, the part sold shall be laid out and taken off, so 
that it shall extend from the main or principal street or alley 
on which the said lot fronts, to the rear thereof, to divide the 
same by a line as nearly parallel with the boundaries of said lot 
as practicable, and if less than the whole is sold, the Auditor, 
in his notice of sale, shall indicate off of which side or end of 
said lot the part to be sold, shall be taken; and if more than 
one tract of land is included in the mortgaged premises, the 
Auditor shall elect which tract or tracts shall be sold, saving to 
the mortgagor, if practicable, the tract on which his house is 
located. If a tract of land so mortgaged, and liable to be sold 
to satisfy the mortgage, can not be divided without materially 
diminishing the. value of such tract; or if any in-lot or out-lot 
be indivisible by reason of extensive buildings or other im- 



SCHOOL LAW OF INDIANA. 309 

provements thereon, the Auditor may sell the whole thereof, 
and, after paying the amount due for principal, interest, dam- 
ages and costs, out of the purchase-money, shall pay the bal- 
ance, if any, to the mortgagor ; and if the Auditor sell any 
part of a tract of land, out-lot or in-lot for more than the 
amount of principal, interest, damages and costs, the excess, if 
any, shall be paid to the mortgagor. (R. S. 1881, §4392; R. S. 
1894, § 5821 ; R. S. 1897, § 6083.) 

1. Division Immaterial. The Auditor can sell in no other way than that 
provided by law. — Webb v. Moore, 25 Ind. 4. But in a suit to set aside a sale 
made by the Auditor, where the mortgage debt, penalty and costs aggregate one 
hundred and fifty-two dollars and twenty cents, though the land was worth four 
thousand dollars, and could have been divided without materially diminishing its 
value, it was held to be immaterial that he did not, at the sale, offer any part in 
the form of a square, or otherwise, off of the northwest corner thereof . — Arnold 
V. Gaff, 58 Ind. 543. 

2. Statute Must Be Pursued. The County Auditor, in making a sale of 
land in satisfaction of a School Fund Mortgage, has ho power to sell in any other 
mode than that prescribed by the statute, and the burden is upon one claiming 
title under such a sale to show that the statutory requirements have been strictly 
pursued. — Haynes ■!;. Cox, 118 Ind. 184. 

3. Portion Sold. Where the Auditor, in selling less than the whole tract 
mortgaged, does not take the quantity out of the northwesterly corner of the tract, 
as required by the statute, but, on the contrary, takes it from another and entirely 
distinct portion thereof, he exceeds his power and the sale is invalid.- — Haynes v. 
Cox, 118 Ind. 184. 

4. Statute Must Be Strictly Pursued. In a sale of real estate the stat- 
ute must be strictly pursued or the sale will be void. — Williamson v. Doe, 7 
Blackf. 12; Benefield v. Aughe, 93 Ind. 401; Ferris v. Cravens, 65 Ind. 262. 

5. Sale For More Than Due. A sale for a sum greater than is due at the 
time of the sale is void. — Betson v. State, 47 Ind. 54; Key v. Ostrander, 29 Ind. 1; 
Vail V. McKernan, 21 Ind. 421; Board of Com. v. State, 122 Ind. 333; Brown v. 
Ogg, 85 Ind. 234. 

6. Redemption. The purchaser takes an absolute title, and junior incum- 
. brances have no right to redeem from the sale. — Schnantz v. Schellhaus, 37 Ind. 85. 

7. Sale in Parcels. The County Auditor need not offer the mortgaged 
premises in parcels, where they are described in the mortgage as a single tract. — 
Shannon v. Hay, 106 Ind. 589. 

8. Appraisement. Upon the foreclosure of a School Fund mortgage, the court 
may order the land sold without appraisement. — Stockwell v. State, 101 Ind. 1. 

9. Quieting Title. One whose land has been sold to satisfy a School Fund 
mortgage executed by him can not maintain an action to quiet title against the 
purchaser, although the sale was void, without first paying or tendering to the 
latter the amount paid by him. — Shannon v. Hay, 106 Ind. 589. 

10. Rate of Interest. A School Fund mortgage draws the same interest 
after as before maturity. — Stockwell v. State, 101 Ind. 1. By act of 1893 the rate 
is six per cent. 



310 SCHOOL LAW OP INDIANA. 

11. When Altditor Must Bid. It is the duty of the Auditor to offer the 
mortgaged premises in the manner provided by the statute; and if, after offering 
it for sale in that manner, no one bids the amount due, he must bid the property 
in for the use of the fund secured by the mortgage. — Haynes v. Cox, 118 Ind. 184. 

12. Subrogation. The purchaser of land sold by an Auditor under a School 
Fund mortgage, the sale having been set aside as invalid, may be subrogated to 
the rights of the State in the mortgage; and the fact that there was a mistaken 
description, if the mistake can be corrected, does not affect the right of subroga- 
tion on the part of the purchaser. — Willson v. Brown, 82 Ind. 471. 

13. Conveyance — Description Made Good by Keference. A defective 
description in a deed or mortgage is made good by a reference to another deed 
which contains a true description. — Willson v. Brown, 82 Ind. 471. 

14. Merger of Mortgage. When the mortgage has been foreclosed, the 
mortgage is merged in the foreclosure, and the Auditor can not sell under it. — ■ 
Ferris r. Cravens, 65 Ind. 262. 

443. Auditor's bid. 97. In case of no bid for the amount 
clue, the Auditor shall hid in the same on account of the fund, 
and, as soon thereafter as may he, shall sell the same — having 
■first caused it to be appraised by three disinterested freeholders 
of the neighborhood — upon the following terms, viz. : One-third 
cash in hand, and the balance in four equal installments, due in 
one, two, three and four years, respectively, from the day of sale, 
bearing interest at six per cent, per annum, payable annually 
in advance; but no such sale shall be for a less sum than the 
appraised value thereof. (R. S. 1881, § 4393 ; R. S. 1894, § 5822 ; 
R. S. 1897, § 6084.) 

1. Statute Mandatory. The Auditor has no power to sell for cash, nor on 
a credit of less than five years, nor without first having the land appraised, nor 
for a less sum than the appraised value. — Ferris v. Cravens, 65 Ind. 262. 

2. Duty of Auditor. It is the duty of the Auditor to offer the mortgaged 
premises in the manner prescribed by the statute; and, if, after offering it for sale 
in that manner, no one bids the amount due, he must bid the property in for the 
use of the fund secured by the mortgage. — Haynes v. Cox, 119 Ind. 184. 

3. Keimbursing County. Where the mortgagor fails to pay the interest for 
a number of years, and during those years the county pays it out of its general 
fund, and afterwards the mortgage is foreclosed, and the land is bid in by the 
Auditor on account of the school fund, and subsequently the land is sold and 
conveyed to a third party, the school fund is only entitled to the principal of 
said loan and the interest thereon, until after the county treasury is reimbursed 
because of the interest it has paid to said fund on account of said loan. — Board 
V. State, 122 Ind. 333. 

4. SuEPiiUS. This section is construed with section 333. Whenever the land 
is sold, the county takes out the amount of principal of the mortgage for which it 
was bought in, the amount of interest, damages and costs, and the surplus goes to 
the original mortgagor or his grantee. — Boards. State, 122 Ind. 333. 

5. Section 382. Section 382 has no reference to a sale under this section.— 
Board v. State, 122 Ind. 333. 



SCHOOL LAW OF INDIANA. 311 

fl865, p. 3. Approved and in force March 6, 1865.] 

444. Sale of lands bid in. 98. Lands heretofore bought 
in on account of the fund, which have been appraised, shall be 
sold in like manner ; and if, upon sale of any such land, a sum 
is realized which is more than sufficient to pay the principal, 
interest, damages and costs, the overplus shall be paid to the 
original mortgagor, his heirs or assigns, when collected. (R. S. 
1881, §4394; R. S. 1894, §5823; R. S. 1897, §6085.) 

1. Suit on Note. A suit can not be brought on the note by the County 
Auditor, where he has bid in the property mortgaged to secure such note, until 
he has made the subsequent sale required by this section, and failed to realize 
enough to satisfy the amount due. — Clark v. State, 109 Ind. 388. 

2. Taxes. The lien of taxes which accrued on lands mortgaged to the school 
fund subsequent to the mortgage is merged in the fee, where the laud is bid in by 
the county, and taxes can not accrue on the land subsequently, until a purchase 
certificate is issued on a sale thereof. — See Hamilton v. State, 1 Ind. 128; Groom 
V. State, 24 Ind. 255 ; City of Logansport v. McConnell, 121 Ind. 416. 

3. Legalizing Act. For act legalizing lands sold by Auditor, see Acts 
1895, p. 86. 

[1883, p. 79. Approved and in force March 3, 1883.] 

445. Re-appraisement of forfeited lands. 1. All lands 
which have become forfeited and have reverted, or may here- 
after be forfeited and revert to the various townships in the 
several counties of this State, for failure to pay the interest or 
principal of the amount due thereon to the school fund, and 
which have remained, or hereafter remain, unsold for the period 
of three years, by reason of the aniount due thereon being in 
excess of the values of said lands, may be re-appraised and sold 
for a sum not less than said re-appraised value thereof; such 
re-appraisement and sale to be made in the same manner and 
upon the same terms and conditions as is now prescribed by law 
for the appraisement and sale of such lands. (R. 8. 1894, § 5776 ; 
R. S. 1897, § 6038.) 

446. Appropriation by Commissioners. 2. Upon the sale 
of such lands, as provided for in the preceding section of this 
act, the Board of County Commissioners of the several counties 
in which said lands are situated may make an appropriation, 
from the general county funds, a sum equal to the difterence 
between the amount for which said lands shall have been for- 



312 SCHOOL LAW OF INDIANA. 

feitecl and the amount for whicli such lands shall have last 
sold ; said sura appropriated to be placed to the credit of the 
proper fund, and loaned as other school funds are loaned. (R. 

S. 1894, § 5777 ; R. S. 1897, § 6039.) 

[1865, p. S. Approved and in force March 6, 1865.] 

447. Deed by Auditor. 99. Upon full payment being 
made for such lands, the deed therefor shall be executed by the 
County Auditor, and shall be entered in the record of the Board 
of County Commissioners before delivery. '(R. S. 1881, § 4395 ; 
R. S. 1894, § 5824; R. S. 1897, § 6087.) 

1. Recokd of Deed. A recording of the deed in the Commissioners' record 
is a condition precedent to its delivery, and a necessary step in the sale. — -Arnold 
V. Gaff, 58 Ind. 543. 

2. The Deed as Evidence. It is the deed alone that vests the title in the 
purchaser, and if the deed does not state that the proper steps have been taken to 
perfect a sale, it is no evidence that those steps have been taken. — Williamson v. 
Doe, 7. Blackf. 12. 

3. Tendeb of Deed. A suit for the purchase money can not be made with- 
out tender of a deed for the property, recorded as required above, not absolute 
but conditional upon payment therefor. — Johnson v. State, 74 Ind. 588. 

4. Payment. The amount bid is paid to the Treasurer, and not to the 
Auditor.— Cole v. Miller, 60 Ind. 463. 

5. Taxes. The title of the pui-chaser vests in the purchaser freed from all 
assessments and taxes made or levied between the date of the mortgage and the 
date of the deed. — Hamilton v. State, 1 Ind. 128; Groom v. State, 24 Ind. 255. 

6. Subrogation. If the sale prove invalid, and is set aside, the purchaser 
may be subrogated to the rights of the State in the mortgage. — Willson v. Brown, 
82 Ind. 471. 

448. Statement of sales. 100. At the public sale at the 
court house door provided for in this act, the County Treasurer 
shall also attend, and make a statement of such sales, which 
shall be signed by the Auditor and Treasurer, and after being-' 
recorded in the Auditor's office shall be filed in the Treasurer's 
office; and such record, or a copy thereof, authenticated by the 
Auditor's or Treasurer's certificate, shall be received as evidence 
of the matters contained therein. (R. S. 1881, §4396; R. S. 
1894, § 5825 ; R. S. 1897, §6088.) 

1. Statement Signed. This statement must be signed by both Auditor and 
Treasurer, or the sale will be void. — Arnold v. Gaff,, q8 Ind. 543; Benefiel v^ 
Aughe, 93 Ind. 401. ' . 



SCHOOL LAW OP INDIANA. 3l3 

449. Title in State without deed. 101. When any land 
is laid [bid] off hy the Auditor at such sale, no deed need be 
made therefor to the State ; but the statement of such sale, and 
the record thereof, shall vest the title in the State, for the use 
of the proper fund. (R. S. 1881, § 4397 ; R. S. 1894, § 5826 ; R. 
S. 1897, § 6089.) 

[1899, p. 55. Approved February 17, 1899. In force April 28, 1899.] 

450. Conveyance to county. 1. In cases where lands 
have been mortgaged to the Common School Funds or Con- 
gressional School Fund, and there is a default in the payment 
of the interest, or the interest and principal, and the Auditor is 
unable to sell such lands for a sum sufficient to pay such loan, 
as j^rovided by law, and the county shall pay the same to said 
School Fund, the Board of Commissioners may in regular or 
special session, if it is for the best interest of the county in the 
re-imbursement of its general fund, accept, in the name of the 
county, a conveyance of said land from the owners and take 
possession thereof. 

451. Suit to foreclose. 2. That in cases where lands mort- 
gaged to the Common School Fund or Congressional School 
Fund have been offered for sale and bought by the Auditor on 
account of the fund, and has been re-offered for sale and no bid 
received sufficient to pay the principal, interest, damages and 
costs accrued on said loan, as otherwise provided by law, and 
the county shall pay the same to said School Fund, the lien 
which the State has by reason of said mortgage, or said prior 
bid by the Auditor on account of the fund, shall inure to the 
benefit of said county, and in such case the Auditor may pro- 
ceed to collect the amount due the county, by suit foreclosing 
such lien and recovering a personal judgment against the 
makers of said mortgage, or by either form of aj3tion, for the 
amount due the county, and he may also in same suit recover 
the possession of the mortgaged premises and quiet title thereto, 
and all liens and rights against the land may be adjusted as in 
other equitable actions; and the same relief may also be given 
in suits to foreclose such mortgages. All such sales shall be 



S14 SCHOOL LAW OF INDIANA- 

ordered without relief from valuation or appraisement laws, 
and shall be absolute and the purchaser immediately entitled to 
a conveyance. 

452. Purchase by county. 3. The Board of Commission- 
ers, when the county in either case has paid the principal and 
interest due such School Fund for the purpose of re-imbursing 
the county, if, in the opinion of the Board, it shall be to the 
best interest of the county, may cause the land, which has 
been ordered sold in such decree of the Court, to be purchased 
at such judicial sale in the name of the county for any price, or 
au}'^ maximum price it may fix, not in any case exceeding the 
full amount of the principal, interest, cost and accrued costs 
due on such decree at the date of such sale. The officer making 
the sale shall execute a deed to the county for such real estate. 

453. Lease of land purchased. 4. The Board of Com- 
missioners may lease the real estate acquired under this act for 
a period not exceeding one year at a»time upon such terms as 
the Board may fix until the same shall be sold, that said lease 
shall be in writing, approved by said Board and spread upon 
its record. The Auditor shall be authorized to collect such 
rents, and if in kind sell the same in the markets and pay the 
proceeds to the County Treasurer as a part of the general fund. 

454. Sale of land — Appraisement. 5. The Board of 

Commissioners, at any regular or special session, shall order 
such real estate to be sold by the Auditor at his ofiBce at public 
or private sale, such order shall fix the terms of sale, which may 
be in cash, or by installments with interest and such security as 
the Board may require, such credits may extend through a 
period not longer than five years. Before making such sale the 
Auditor shall cause the land to be appraised by three free-hold- 
ers of the county acquainted with the land and who shall be 
sworn to honesly and impartially appraise the land at its fair 
cash value, which oath shall be endorsed on the appraisement. 
The Auditor shall advertise such sale, giving a description of 
the real estate to be sold and the terms of sale as ordered by the 
board, for at least thirty days in some newspaper of the county 



SCHOOL LAW OP INDIANA. 315 

and by posting at least five notices in the township where the 
land is situated and one at the court house of the county. Such 
real estate shall uot he sold for less than the appraised 
value. The board may, if no sale is made within a reasonable 
time, at any time thereafter, order a re-appraisement or change 
the terms of such sale by giving further notice in the same 
manner as herein before provided. Proof of notice and the ap- 
praisement must be filed with the Auditor. When such sale 
shall have been made the Auditor shall report the same at the 
next regular session of the board. Objections may be fi.led 
within three days from the first day of the term at which such 
sale is reported by any tax-payer or person interested, and such 
objections shall be heard and determined by the board. A re- 
sale may be ordered, when all objections have been determined, 
or if there is no objection to such sale the Board of Commis- 
sioners shall approve the sale. If the sale is by installments the 
purchaser shall be entitled to a certificate of such purchase and 
the possession of the land. Such certificate may be assigned 
and the deferred payments may be made with the interest ac- 
crued thereon before maturity ; upon final payment of the pur- 
chase money the Board of Commissioners shall execute a deed 
to said pui'chaser or his assignee for such real estate. The 
money derived from such sale shall be paid to the County Treas- 
urer as a part of the general fund. « 

455. Deeds. 6. The Auditor shall cause the deeds exe- 
cuted to the county under the provisions of this act to be re- 
corded in the Kecorder's otfice of the county. 

456. Sales legalized. 7. Any sales or conveyances made 
to any county in this State before the taking eifect of this act 
are hereby legalized, and the title to any such real estate is de- 
clared to be fully vested in such county by such conveyance. 

457. Act supplemental. 8. This act shall not amend, 
modify or repeal any law now in force concerning the manage- 
ment, loan and sale of real estate on account of any school 
fund, but it shall be an adclitioual provision for the collection 
of such funds, and the re-imbursement of the counties intrusted 
therewith. 



316 SCHOOL LAW OF INDIANA. 

[1901, p. 544. Approved and in force March 11, 1901.] 

458. Cancellation of mortgages. 1. Whereas, there are a 
large number of school fund mortgages, which appear unsatis- 
fied of record in the Recorder's office in the various counties of 
the State of Indiana, which, in fact, have been paid, the Audi- 
tor of any county in the State of Indiana, where such mort- 
gaged lands are situated, when requested by the mortgagor or 
owner of the lands so mortgaged, shall make "an examination 
of the ledgers or other records of his office, and compare such 
records with the receipts of moneys for school fund mortgages, 
in the Treasurer's office of such county, and if, upon such ex- 
amination and comparison, and all facts known to him, or that 
come to his knowledge, he finds that such mortgage or mort- 
gages appearing in the Recorder's office of such county as 
unsatisfied of record, have, in fact, been paid, such Auditor of 
such county, where such mortgaged lands are situated, shall 
make entry of satisfaction upon the margin of the record in the 
Recorder's office, showing the same to have been paid, for which 
services the mortgagor or owner of such lands shall pay to the 
Auditor a fee of twenty-five cents, and also pay to the Recorder 
his fee provided for releasing mortgages. 

[1865, p. 3. Approved and in force March 6, 1865.] 

459. Annual report. 103. County Auditors and County 
Treasurers shall annuall}^ report, in writing, to the Boards of 
County Commissioners of the respective counties, at the June 
sessions of said Boards relative to the school fund held in trust 
by said counties, distinguishing in said reports, between the 
congressional township and common school funds ; indicating 
the amounts thereof; the additions to them within the current 
year then ending ; the sources from whence such additions are 
derived ; the condition of them as to their safety, giving the 
amount thereof safely invested, unsafely invested and unin- 
vested, and loss at the date of said reports; giving also the 
amount of interest collected upon said funds within the year 
then ending, and the amount then due and unpaid. (R. S. 1881, 
§4398; R. S. 1894, §5827; R. S. 1897, §6090.) 

1. Evidence. A provision in a statute that tliis report shall be conclusive 
evidence of the facts stated in it, is void. — Board v. State, 120 Ind. 282. 

2. Report Not Conclusive. This report is not conclusive, and does not 
prevent the county showing the actual facts.— Board v. State, 103 Ind. 497. 



SCHOOL LAW OF INDIANA. 317 

460. Duty of Boards. 104. The Boards of County Com- 
missioners shall, annually, at their June sessions, in the presence 
of the Auditors and Treasurers, examine said reports, the ac- 
counts, and proceedings of said officers in relation to said funds, 
and the revenue derived from them. They shall compare with 
said reports, the cash, the notes, mortgages, records, and books 
of said officers, with a view to ascertain the amount of said 
funds and their safety ; and to do whatever may be necessarj^ to 
secure their preservation and tlie prompt payment of the an- 
nual interest thereon as the same becomes due ; aud make up 
to said funds losses which have accrued or may accrue. (R. S. 
1881, §4399; K S. 1894, §5828; R. S. 1897, §6091.) 

1. Suit. An action may be brought in the name of the State on relation of 
the Board of County Commissioners to recover Congi'essional School Funds. — 
Groves t; State, 9 Ind. 200; Butler Kogers v. Gibson, 15 Ind. 218. 

461. Board's report. 105. Each Board of County Com- 
missioners, at said session, shall make out a report, in writing, 
of the result of such examination, showing — 

First. The amounts of said funds at the close of last year. 

Second. The amount added from the sale of land within the 
year. 

Third. The number of acres of unsold congressional town- 
ship school lands, and the approximate value thereof. 

Fourth. The amount added from fines and forfeitures. 

Fifth. The amount added by the Commissioners of the Sink- 
ing Fund. 

Sixth. The amount added from all other sources. 

Seventh. The total amount of the funds. 

Eighth, The amount refunded within the year. 

Ninth. The amount reloaned within the year. 

Tenth. The amount safely invested. 

Eleventh. The amount unsafely invested. 

Twelfth. The amount uninvested. 

Thirteenth. The amount of fund lost since 1842. 

Fourteenth. The amount of interest collected within the year. 

Fifteenth. The amount of interest delinquent. 

And in such report, said Board shall distinguish between the 
Congressi®nal Township Fund and the Common School Fund ; 



818 SCHOOL LAW OF .INDIANA. 

and ill its account of the interest or revenue derived from said 
funds, it shall observe the same distinction. (R. S. 1881, § 4400; 
R. S. 1894, § 5829; R. S. 1897, § 6092.) 

462. Disposition of report. 106. Such report shall be 
entered on the records of said Board ; and copies thereof, signed 
by the members of the Board, the Anditor, and Treasurer, shall 
be transmitted to the Auditor of State and the Superintendent 
of Public Instruction. (R. S. 1881, § 4401; R. S. 1894, § 5830; 
R. S. 1897, § 6093.) 

463. Apportionment of loans. 152. Where the whole of 
the school funds of a county have been loaned the Anditor shall 
apportion to each congressional township a snfiicient number of 
mortgages to cover the principal of its Congressional Township 
Fund; and where a part of the school funds only are loaned 
the Auditor shall so a|»ply a proportional amount; and the cash 
on hand, when loaned, shall be for the benefit of the congres- 
sional townships, respectively, to the amount of the entire prin- 
cipal of its Congressional Township Fund ; and in all loans 
made after the taking effect of this act the note and mortgage 
shall specify the particular fund borrowed, (R. S. 1881, § 4402 ; 
R. S. 1894, § 5831 ; R. S. 1897, § 6094.) 

[1879, S. p. 102. Approved and in force March 29, 1879.] 

464. Miscellaneous School Fund account. 1. It shall 
be the duty of the Auditor in each county to open an account 
with the Congressional Township School Fund, to be styled the 
"Miscellaneous School Fund Account." He shall transfer to 
said account, from each township account, all sums on hand at 
any time when a loan is solicited (provided the aggregate sums 
will equal the amount sought to be borrowed), and may lend 
such combined sums in one loan ; which loan shall be numbered 
in consecutive order, and the securities shall each and all be in- 
dorsed with the number as "Miscellaneous Loan JSTo. — ," as 
the number may be ; and he shall enter in the Miscellaneous 
Account, on the debit side, separately'', the sums taken from the 
account of the several townships, so as to show the correspond- 
ing number of the loan, and credit the several township accounts 
with the same sum and the like number of loan. Thence on, as 



SCHOOL LAW OF INDIANA. 319 

interest accrues and is paid in on such loan, he shall debit the 
several township accounts with the jpro rata portion of such in- 
terest accruing to each ; and when such loan is paid he shall 
distribute back to the township accounts the several sums orig- 
inally transferred from each, and debit the Miscellaneous Ac- 
count accordingly, and balance and close said account as to said 
loan. In all the entries throughout he shall keep each entry 
identified by the proper number belonging to that loan, and so 
of each combined miscellaneous loan, as contemplated in tliis 
act. (R. S. 1881, § 4403 ; R. S. 1894, § 5832 ; R. S. 1897, § 6095.) 

465. Distribution and report. 2. In all cases where dis- 
tribution is made of the school funds under the law now in force 
it shall include all money on hand, or which, according to law, 
should be on hand, not exceeding the interest on loans for one 
year, which shall be distributed in full, and no portion shall be 
omitted or retained ; and the report made by the Auditor shall 
show fully the amount actually on hand, as required and con- 
templated by law, and show the distribution of the same in full. 
(R. S. 1881, § 4404; R. S. 1897, § 5833; R. S. 1897, § 6096.) 

466. Penalty against Auditor. 3. If any Auditor fail 
or refuse to distribute and report such fund in full, as required 
by this act, he shall be liable to an action on his official bond. 
The Superintendent of Public Instruction shall direct that ac- 
tion be brought upon the official bond of such defaulting Audi- 
tor, and the Prosecuting Attorney of the proper county shall 
bring such action. On finding against such Auditor, judgment 
shall be entered for the sum so omitted by him to be distributed, 
with damages of twenty per centum thereon, which shall be 
for the use and benefit of the fund so omitted to be distributed. 
(R. S. 1881, § 4405; R. S. 1894, § 5834; R. S. 1897, § 6097.) 



320 



SCHOOL LAW OF INDIANA. 



CHAPTER XXIII. 



STATE NORMAL SCHOOL. 



Sec 




Sec 




467. 


Established. 


476. 


Conditions of admission. 


468. 


Trustees— Corporate name. 


477. 


Tuition fee. 


469. 


Term of office—Vacancies. 


478. 


Principle of management. 


470. 


Organization— Officers. 


479. 


Reports. 


471. 


Donations. 


480. 


Board of Visitors. 


472. 


Location. 


481. 


Certificates— I>iplomas. 


473. 


Contract for building. 


482. 


Pay of Trustees. 


474. 


Model School. 


483. 


Pay of Treasurer and Agent 


475. 


Duty of Trustees. 







[1865, S. p. 140. Approved and in force December 20, 1865.] 

Establislied. 1. There shall be established and main- 
tained, as hereinafter provided, a State JSTormal School, the 
object of which shall be the preparation of teachers for teach- 
ing in the common schools of Indiana. (R. S. 1881, § 4542 ; 
R. S. 1894, § 6034; R. S. 1897, § 6316.) 

468. Trastees— Corporate name. 2. In order to the es- 
tablishment and maintenance of such a school, the Governor 
shall appoint, subject to the approval of the Senate, four com- 
petent persons, who shall, in themselves and in their successors, 
constitute a perpetual body corporate, with power to sue and 
be sued, and to hold in trust all funds and property which may 
be provided for said Normal School, and who shall be known 
and designated as the "Board of Trustees of the Indiana State 
Normal School." The Superintendent of Public Instruction 
shall be, ex officio, a member of this Board. (R. S. 1881, § 4543 ; 
R. S. 1894, § 6035 ; R. S. 1897, § 6317.) 



3. Two members of this 
Board shall retire, as may be determined, by lot or otherwise, 
in two years after their appointment, and the remaining two in 
four years; whereupon the Governor, subject to the approval 
of the Senate, shall appoint, as aforesaid, their successors for a 
period of four years. All vacancies occurring in said Board 
from death, or resignation, shall be filled by appointments made 



SCHOOL LAW OF INDIANA. 321 

by the Governor. (R. S. 1881, §4544; R. S. 1894, §6036; R. S. 
1897, §6318.) 

470. Organization — Officers. 4. Said Board of Trustees 
shall meet on the second Tuesday in January, 1866, at the 
office of the Superintendent of Public Instruction, and shall 
organize, by electing one of its number president, and one 
secretary, each for a term of two years ; and, at this or at a 
subsequent meeting, it shall elect some suitable person, outside 
of its number, as treasurer, who shall, before entering on duty, 
give bond in such sum as it may prescribe. (R. S. 1881, §4545 ; 
R. S. 1894, §6037; R. S. 1897, §6319.) 

471. Donations. 5. Said Board shall, at its first meeting, 
open books to receive, from difierent parts of the State, pro- 
posals for donations of grounds and buildings, or funds for the 
procuring of grounds and erecting of buildings, for said Il^ormal 
School. Also, it may, if deemed needful, at this or a subsequent 
meeting, appoint one of its n amber, or other competent person, 
to visit the diiferent parts of the State and explain the nature 
and object of said I^ormal School, and to receive proposals 
of donations of buildings and grounds, or of funds for the same. 
(R. 8. 1881, §4546; R. S, 1894, §6038; R. S. 1897, §6320.) 

472. Location. 6. Said Board shall locate said school at 
such place as shall obligate itself for the largest donation : 
Provided^ first, That said donation shall not be less in cash value 
than fifty thousand dollars ; second, that such place shall possess 
reasonable facilities for the success of said school. (R. S. 1881, 
§4547; R. S. 1894, §6039; R. S. 1897, §6321.) 

1. Appropriation for Buildings. An act of 1867 (p. 177) appropriated 
fifty thousand dollars out of the common school library fund and State treasury, 
in aid of the erection of the buildings, with a condition precedent that no part 
thereof should be paid until the city of Teri'e Haute has vested in the Board of 
Trustees of the Normal School the title to the land donated by her as a site for 
the school, by a good and sufficient deed in fee-simple, and had also bound her- 
self, by an agreement filed with the Auditor of State, to forever maintain one-half 
of the necessary repairs incident to keeping the buildings and grounds in proper 
order. 

473. Contract for building. 7. Said board shall, imme- 
diately after the selection of place of location, proceed to let a 
contract, or contracts, for the erection of a building, to the 
21 — ScH. Law. 



322 SCHOOL LAW OF INDIANA. 

lowest responsible bidder : Provided, That no member of the 
board be a contractor for buildin^^, or for furnishing any ma- 
terial therefor. (R. S. 1881, §4548; R. S. 1894, §6040; R. S. 
1897, § 6322.) 

474. Model school. 8. Said board shall organize, in con- 
nection with the N^ormal School, in the same building with the 
N^ormal School, or in a separate building, as it shall decide, a 
Model School, wherein such pupils of the ISTormal School as 
shall be of sufficient advancement shall be trained in the prac- 
tice of organizing, teaching and managing schools. (R. S. 1881, 
§4549 ; R. S. 1894, §6041 ; R. S. 1897, §6523.) 

475. Duty of Trustees. 9. Said Board shall prescribe the 
course of study for the ISTormal School ; shall elect the instruct- 
ors and fix their salaries ; and shall determine the conditions, 
subject to limitations hereinafter specified, on which pupils shall 
be admitted to the privileges of the school. (R. S. 1881, § 4550 ; 
R. S. 1894, §6042; R. S. 1897, §6324.) 

476. Conditions of admission. 10. The following condi- 
tions shall be requisite to admission to the privileges of instruc- 
tion in the l^ormal School : 

First. Sixteen years of age, if females, and eighteen, if males. 

Second. Good health. 

Third. Satisfactory evidence of undoubted moral character. 

Fourth. A written pledge on the part of the applicant, filed 
with the principal, that said applicant will, so far as may be 
practicable, teach in the common schools of Indiana a period 
equal to twice the time spent as a pupil in the ISTormal School ; 
together with such other conditions as the Board may, from 
time to time, impose. (R. S. 1881, §4551; R. S. 1894, §6043; 
R. S. 1897, §6325.) 

1. Students Must Submit to Kules. A student is required to submit to any 
proper rule necessary for the good government of the institution. — State v. White, 
82 Ind. 278. 

2. Qualifications for Admission. The faculty can not make membership 
of a Greek-letter fraternity, or other college secret society, a disqualification for 
admission.— State v. White, 82 Ind. 278. 

3. Kace or Color. Students can not be excluded on account of race or 
color. — Cory v. Carter, 48 Ind. 327. 



SCHOOL LAW OF INDIANA. 323 

477. Tuition free. 11. Tuition in the JSTormal School shall 
be free to all residents of Indiana who fulfill the four conditions 
set forth in the preceding section and such other conditions as 
the Board may require. (E. S. 1881, §4552 ; R. S. 1894, § 6044 ; 

li. S. 1897, §6326.) 

478. Principle of management. 12. A high standard 
of Christian morality shall be observed in the management of 
the school, and, as far as practicable, inculcated in the minds 
of the pupils; yet no religious sectarian tenets shall be taught. 
(R. S. 1881, §4553; R. S. 1894, §6045; R. S. 1897, §6327.) 

479. Report. 13. Said Board of Trustees shall, biennially, 
make a report to the Legislature, setting forth the financial and 
scholastic condition of the school ; also make such suggestions 
as, in their judgrnent, will tend to the improvement of the 
same; and in the years in which there is no session of the Leg- 
islature, it shall make a report of the scholastic condition of 
the school to the Governor, on or before the first Monday in 
January. (R. S. 1881, §4554; R. S. 1894, §6046; R. S. 1897, 
§ 6328.) 

[1873, p. 199. Approved and in force March 5, 1873.] 

480. Board of visitors. 14. The State Board of Educa- 
tion shall appoint, annually, in the month of June, or at its first 
meeting thereafter, a committee of three, who shall constitute a- 
Board of Visitors, and shall, in a body or by one of its number, 
visit said school once during each term, and witness the exer- 
cises and otherwise inspect the condition of the school : and, 
by the close of the ISTormal school year, they shall make a re- 
port to the Board of Trustees. The members of said Board of 
Visitors shall be allowed five dollars for each day's service ren- 
dered, and also traveling expenses, to be paid out of the State 
treasury. (R. S. 1881, § 4555 ; R. S. 1894, § 6047 ; R. S. 1897, 
§ 6329.) 

[1873, p. 199. Approved and in force March 5, 1873.] 

481. Certificates— Diplomas. 2. The Board of Trustees 
is authorized to grant, from time to time, certificates of profi- 
ciency to such teachers as shall have completed any of the pre- 



324 



SCHOOL LAW OF INDIANA. 



scribed courses of study, and whose moral character and disci- 
plinary relations to the school shall be satisfactory. At the 
expiration of two years after graduation, satisfactory evidence 
of professional ability to instruct and manage a school having 
been received, they shall be entitled to diplomas appropriate to 
such professional degrees as the Trustees shall confer upon 
them ; which diplomas shall be considered sufficient evidence 
of qualification to teach in any of the sclicols of this State. 
(R. S. 1881, § 4557; R, S. 1894, § 6049; R, 8. 1897, § 6331.) 

[1865, p. 140. Approved and in foroe December 20, 1865.] 

482. Pay of Trustees. 16. The members of the Board of 

Trustees shall each be allowed five dollars for each day's service 
rendered, also traveling expenses, to be paid out of the State 
treasury. (R. S. 1881, § 4559; R. S. 1894, § 6051; R. S. 1899, 
§ 6333.) 

483. Pay of treasurer and agent. 17. Said board shall 
pay its treasurer, and its agent, if such be appointed, as pro- 
vided for in this act, such sums for their services as shall be 
reasonable and just. (R. S. 1881, § 4560; R. S. 1894, § 6052; 
R. S. 1897, § 6334.) 



CHAPTER XXIV. 



INDIANA UNIVERSITY. 



Sec. 






Sec 


484. 


Recognized. 




500. 


485. 


Tax for endowment fund. 




501, 


486. 


Application of fund. 




502. 


487. 


Bond of State. 




503. 


488. 


Loans by State Auditor. 




504. 


489. 


Mortgages taken by State Ai 


ditor. 


505, 


490. 


State may borrow fund 




506 


491. 


Trustees — Corporate name - 


- Oificers — 


507, 




Powers. 




508. 


492, 


The first Trustees. 




509. 


493. 


The first meeting. 




510. 


494. 


Vacancies. 




511. 


495. 


Pay of Trustees. 




512. 


496. 


Trustees of Indiana Univers 


ity. 


513. 


497. 


Trustees' terms expiring 1891^ succes- 


514. 




sors. 




515. 


498. 


Trustees' terms expiring 1893, succes- 


516. 




sors. 




517. 


499. 


Registry of alumni. 




518. 



Nomination of Trustees. 

Annual meeting of alumni. 

Method of voting by alumni. 

Annual meeting. 

Quorum— Temporary appointments. 

Seminary township. 

Interest on loans. 

Faculty— Powers . 

No religious qualification. 

No sectarian tenets. 

County students. 

Notice to counties. 

Treasurer's bond. 

Board of Visitors. 

Visitors not attending, to be reported. 

Duties of Visitors. 

Duties of secretary. 

Duties of treasurer. 

Re.port to State Superintendent. 



SCHOOL LAW OF INDIANA. 



325 



Seo 




Sec 


519. 


Lectures by faculty. 


559. 


520. 


Geological examinations and speci- 


560. 




mens. 


561. 


521. 


Printing annual report. 


562. 


522. 


Contents of report. 


563. 


523. 


Notice of sessions. 


564. 


524. 


Buildings and repairs. 


565. 


525. 


Normal department. 


566. 


526. 


Agricultural department. 


567. 


527. 


Scholarships transferable. 


568. 


528. 


Perpetual scholarships. 


569. 


529. 


Library. 


570. 


530. 


State Geologist. 


571. 


531. 


Fund, how derived— Loans. 


572. 


532. 


Auditor of State to loan— Duty. 


573. 


533. 


Form of mortgage. 


574. 


534. 


Form of note. 


575. 


535. 


Loans — Security. 


576. 


536. 


Interest. 


577. 


537. 


Priority of mortgage. 


578. 


538. 


Recording of mortgage. 


579. 


539. 


Certificate as to liens. 


580. 


540. 


Abstract of title. 


581. 


541. 


Auditor's duty. 


582. 


542. 


Payment. 


583. 


543. 


Satisfaction. 


584. 


544. 


Loans, how collected. 


585. 


545. 


Judgment. 


586. 


546. 


Notice of sale. 


587. 


547. 


Sale. 


588. 


548. 


When Auditor to buy— Re-sale. 


589. 


549. 


Limit of bid— Overplus. 


590. 


550. 


Statement of sale. 


591. 


551. 


Title in State, without deed. 


592. 


552. 


Sale for cash— Certificate. 


593. 


553. 


Sale on credit. 


594. 


554. 


Fees and damages. 


595. 


555. 


Accounts — Reports. 


596. 


556. 


Accounts with borrowers. 


597. 


557. 


Interest, when loaned. 


598. 


558. 


Unsold lands. 


599. 



Certificates of payment— Patent. 

Leases. 

Commissioners' report. 

Commissioners' duty. 

Pay of Commissioners. 

Patents, and recording. 

Pay for managing fund. 

Extension of payments. 

Forfeiture, how prevented. 

Forfeited lands. 

Appraisement of lands. 

Where filed and recorded. 

Duty of County Auditors. 

Notice of sale. 

Sale. 

Terms of sale. 

Private entry. 

Certificate of purchase. 

Certificate to be registered. 

Certificate assignable. 

Forfeiture. 

Surplus. 

Forfeiture, how prevented. 

Land, how redeemed. 

Security. 

Suit for waste. 

Patent on full payment. 

Auditor's report. 

Treasurer's report. 

To pay money to State Treasurer. 

Pay of Auditor and Treaurer. 

Loans. 

Disposition of proceeds. 

Report of sales. 

One Trustee to attend sales. 

No member to deal in the lands. 

Trustees to get information. 

State Treasurer collects loans. 

County Auditors loan. 

Auditor of State can not loan. 

Counties pay interest. 

[1 R. S. 1852, p. 504. Approved June 17, 1852, and in force May 6, 1853.] 

484. Recognized. 1. The institution established by an act 
entitled "An act to establish a college in the State of Indiana," 
approved January 28, 1828, is hereby recognized as the Univer- 
sity of the State. (R. S. 1881, § 4561 ; R. S. 1894, § 6053 ; R. S. 
1897, § 6335.) 

The State Uuniversity is not a public corporation, but a private, or at least a 
quasi-ipuhlic one, and its endowment fund is not embraced by the phrase, "public 
funds," as used in the interest law of 1879. — State v. Carr, 111 Ind. 335. 

[1883, p. 291. Approved and in force March 3, 1883.] 

485. Tax for endowment fund. 1. There shall be assessed 
and collected, as State revenues are assessed and collected, in 



326 SCHOOL LAW OF INDIANA. 

the year of eighteen hundred and eighty -three, and in each of 
the next succeeding twelve years, the sum of one-half of one 
cent on each one hundred dollars' worth of taxable property in 
this State ; which money, when collected and paid into the State 
Treasury in each of the years named in this act, shall he placed 
to the credit of a fund to he known as the permanent endow- 
ment fund of the Indiana University. (R. S. 1894, § 6161 ; R. 
S. 1897, § 6449.) 

486. Application of fund. 2. Whenever, after the first 
day of May, eighteen hundred and eighty-four, there shall have 
been paid into the State Treasury a sum of said permanent en- 
dowment fund sufficient to pay off any of the interest-bearing 
indebtedness of the State, it shall be the duty of the Treasurer 
of State to pay oft' and cancel such indebtedness, and it shall be 
the duty of said Treasurer of State to continue to pay off" and 
cancel said interest-bearing indebtedness which may be due, or 
which, by the terms of the contract creating such indebtedness, 
may be paid off", whenever there is a sufficient sum of said per- 
manent endowment fund in the State Treasury to pay off the 
same out of said permanent endowment fund. (R. S. 1894, 
§ 6162 ; R. S. 1897, § 6450.) 

487. Bond of State. 3. It shall be the duty of the Treas- 
urer of State, immediately after paying off any of the interest- 
bearing indebtedness of the State, as provided for in section 2 
of this act, to make and issue to the trustees of said university 
and to their successors in oflice a non-negotiable bond of the 
State in an amount equal to the sum drawn from said perma- 
nent endowment fund and used in such payment. Said non- 
negotiable bond shall be signed by the Governor and Treasurer 
of State and attested by the Secretary of State and the seal of 
the State, and be made payable in fifty years after date, at the 
option of the State, and said bond shall bear five per cent, in- 
terest from date until paid, which interest shall be paid semi- 
annually on the first days of May and November of each year, 
and the same shall be applied to the current and extraordinary 
expenses of said university and be paid to the trustees thereof, 
under the same rules and regulations as is now required by law 
in the payment of the revenues of said university. The non- 



SCHOOL LAW OF INDIANA. 327 

negotiable bonds provided for in this act, when executed, shall 
remain in the custody of the Treasurer of State. (R. S. 1894, 
§6163; R. S. 1897, 6451.) 

488. Loans by State Auditor. 4. That so much of said 
permanent endowment fund as shall not at any time be absorbed 
by the non-negotiable bonds of the State, as contemplated in 
this act, shall be loaned by the Auditor of State at six per centum 
interest, payable annually in advance, in real estate security; 
and in making loans and disbursing interest collected the Treas- 
urer of State and the Auditor of State shall be governed by the 
law now in force regulating the manner of making loans of the 
university funds and pajdng out interest collected, except as 
otherwise provided in this act. (R. S. 1894, § 6164 ; R. S. 1897, 
§ 6452.) 

489. Mortgages taken by State Auditor. 5. It shall be 
the duty of the Auditor of State to make a complete record of 
every mortgage and note executed on account of any loan from 
said permanent endowment fund in a book to be kept in his 
office for that purpose ; and on payment of any loan to said 
fund said Auditor shall enter a record of satisfaction in full on 
the margin of the record of the mortgage in his office and sign 
the same with his name ; and he shall also, in like manner, enter 
satisfaction in full on the face of the mortgage ; which mort- 
gage, when presented by the mortgagor, or any person holding 
title under him, to the Recorder of the county wherein the land 
mortgaged is situated, shall authorize the Recorder of said 
county to copy such entry on the record in his office. (R. S. 
1894, .§ 6165 ; R. S. 1897, § 6453.) 

490. State may borrow fund. 6. If at any time here- 
after the State shall need the loan of any part, or of all, of said 
permanent endowment fund, the State shall be a preferred bor- 
rower of so much of said fund as shall not be loaned at the 
time. But it shall be the duty of the Treasurer of State to 
cause to be executed, as an evidence of any such loan, a non- 
negotiable bond of the State for the amount so borrowed, in 
like manner as is provided in section 3 of this act : Provided, 
If at any time hereafter the said Indiana University shall be 



328 SCHOOL LAW OF INDIANA. 

consolicLited with any other educational institution or institu- 
tions of the State, or shall be removed from its present location 
for any cause whatever, the fund raised under the provisions of 
this act shall be held and used for the beneiit of such institu- 
tion, as consolidated or changed, notwithstanding such change 
or consolidation whenever so removed or consolidated : Pro- 
vided, further, That, after said date, no further appropriation 
shall be made to said university. (R. S. 1894, § 6166 ; R. S. 1897, 
§6454.) 

[1855, p. 201. Approved and in force March 3, 1855.] 

491. Trustees — Corporate name — Officers — Powers. 2. 

The Board of Trustees of the State University shall be eight in 
number, of whom not more than one shall reside in the same 
county, excepting the county of Monroe, from which two may 
be selected. They, and their successors, shall be a body politic, 
with the style of "The Trustees of Indiana University;" in 
that name to sue and be sued ; to elect one of their number 
president; to elect a treasurer, secretary, and such other officers 
as they may deem necessary ; to prescribe the duties and fix the 
compensation of such officers ; to possess all the real and per- 
sonal property of suc)i university for its benefit; to take and 
hold, in their corporate name, any real or personal property for 
the benefit of such institution ; to expend the income of the 
university for its benefit; to declare vacant the seat of any 
trustee who shall absent himself for two successive meetings of 
the Board, or be guilty of any gross immorality, or breach of 
the by-laws of the institution ; to elect a president, such pro- 
fessors and other officers, for such university, as shall be neces- 
sary, and prescribe their duties and salaries ; to prescribe the 
course of study and discipline, and price of tuition in such uni- 
versity ; and to make all by-laws necessary to carry into effect 
the powers hereby conferred. (R. S. 1881, §4562; R. S. 1894, 
§6054; R. S. 1897, §6336.) 

492. The first Trustees. 2. The following persons, and 
their successors, shall constitute said Board : Joseph S. Jencks, 
of Vigo County ; Joel B. McFarland, of Tippecanoe County ; 
George Evans, of Henry County ; William M. French, of Clark 
County; Ransom W. Aiken, of Monroe County; Johnson 



SCHOOL LAW OF INDIANA. 329 

McCollougn, of Monroe County ; James E. M. Bryant, of War- 
ren County ; John I. Morrison, of Washington County ; three 
of whom shall serve for two years, two for three years, and 
three for four years. (R. S. 1881, §4563; R. S. 1894, §6055: 
R. S. 1897, §6337.) 

493. The first meeting. 3. The first meeting of said 
Board shall be held at the town of Bloomington on Monday, 
the second day of April, 1855, when they shall determine, by 
lot, their several terms of service. (R. S. 1881, §4564; R. S. 
1894, §6056; R. S. 1897, §6388.) 

494. Vacancies. 4. Vacancies in said Board, whether 
occasioned by death, resignation, removal from the State, expi- 
ration of terms of service, or otherwise, shall be filled by the 
State Board of Education. (R. S. 1881, §4565; R. S. 1894, 
§6057; R. S. 1897, §6339.) 

'495. Pay of Trustees. 5. The Trustees of said University 
shall receive, when employed in the actual service of the 
University, the same pay as members of the General Assembly. 
(R. S. 1881, §4566; R. S. 1894, §6065; R. S. 1897, §6347.) 

[1891, p. 65. Approved and in force March 3, 1891.] 

496. Trustees of Indiana University. 1. The Trustees 
of Indiana University shall hereafter be elected for such terms 
of service, and in such manner, as is herein provided, and the 
terms of service of the Trustees now in office, and of those 
hereafter elected, shall expire on the first day of July of the 
year in which such terms are to end. (R. S. 1894, §6058; R. S. 
1897, §6340.) 

497. Trustees' terms expiring 1891, successors. 2. Suc- 
cessors to three Trustees whose terms of service expire in the 
year eighteen hundred and ninety-one (1891) shall be elected 
by the Alumni of the University at the College Commencement 
of the year 1891 ; one of the Trustees so selected shall serve for 
one year, one for two years, and one for three years. At the 
first meeting of the Board of Trustees after July 1, 1891, the 
several terms of service of such three Trustees shall be determ- 
ined by lot. At the annual commencement of the year in 
which their terms expire, successors to such three Trustees shall 



330 SCHOOL LAW OF INDIANA. 

be elected by tbe Alumni of the University, each to serve for 
three years. When vacancies in the Board of Trustees arise, 
from the death, resignation, removal from the State, expiration 
of term of service, or otherwise, of any of the three Trustees to 
be elected in 1891, or any of their successors, such vacancies 
shall be filled by the Alumni. (E. S. 1894, §6059; R. S. 1897, 
§6341.) 

498. Trustees' terms expiring 1893, successors. 3. Suc- 
cessors to the two trustees, whose terms of service expire in 
1893, shall be elected by the State Board of Education, and one 
of such two successors shall be elected for a term of two 
years, and the other for a term of three years. Successors to 
the three trustees, whose terms expire in 1894, shall be elected 
by the State Board of Education, one for a term of two years, 
and the other two trustees for terms of three years. Successors 
to the five trustees herein provided to be elected by the StaPte 
Board of Education shall be elected by said State Board of. 
Education, each trustee so elected to serve for three years : 
Provided, That trustees elected by the Alumni, or the State 
Board of Education, to fill vacancies caused otherwise than by 
expiration of terms of service, shall be elected for such unex- 
pired terms only. When vacancies in the Board of Trustees 
arise from the death, resignation, removal from the State, expira- 
tion of term of service, or otherwise, of any of the five trustees, 
or their successors, herein provided to be elected by the State 
Board of Education, such vacancies shall be filled by said State 
Board of Education. (R. S. 1894, § 6060 ; E. S. 1897, §6342.) 

499. Registry of Alumni. 4. A registry of the name 
and address of each alumnus of Indiana University residing in 
the State of Indiana shall be kept by the Librarian of said 
University, who shall correct such addresses when notified by 
the Alumni so to do. The Alumni of the University shall be 
those persons who have been awarded and on wdiom have been 
conferred any of the following degrees : Bachelor of Arts 
(A. B.), Bachelor of Letters (B. L.), Bachelor of Science (B. S.), 
Bachelor of Philosophy (B. Ph.), Bachelor of Laws (L. L. B.), 
Master of Arts (A. M.), Master of Science (M. S.), Doctor of 
Philosophy (Ph. D.) E. S. 1894, § 6061 ; E. S. 1897, § 6343.) 



SCHOOL LAW OF INDIANA. 



831 



500. Nomination of Trustees. 5. Any ten or more 
Alumni may file with the Librarian of the University on or 
before the first day of April in each year a written nomination 
for the trustee or trustees to be elected by the Alumni at the 
next college commencement. Forthwith after such first day of 
April a list of all such candidates shall be mailed by said Libra- 
rian to each alumnus at his address. (R. S. 1894, § 6162 ; R. S. 
1897, § 6344.) 

501. Annual meeting of Alumni. 6. The annual meet- 
ing of the Alumni for the election of trustees shall be held at 
the university on the Tuesday before the annual commencement 
day of said university, at the hour of nine o'clock a.m., at which 
meeting a trustee shall be elected to serve for three years from 
the first day of July of such year, and any trustee or trustees 
which the Alumni may be entitled to elect to complete any 
unexpired term or terms. (R. S. 1894, §6163; R. S. 1897, 
§ 6345.) 

502. Method of voting by alumni. 7. Each Alumnus 
resident in the State of Indiana may send to said Librarian, 
over his signature, at any time before the meeting of the Alumni 
for the election of such trustee or trustees, the vote for such 
trustee or trustees which- he would be entitled to cast if person- 
ally present at such meeting, which vote such Librarian shall 
deliver to such meeting to be opened and counted at said elec- 
tion, together with the votes of those who are personally present ; 
but no person shall have more than one Vote. The person or 
persons having the highest number of votes upon the first ballot 
shall be declared the trustee or trustees according as there may 
be one or more than one trustee to be elected : Provided, The 
votes received by said person, or by each of said persons, or at 
least fifty per cent, of all the votes cast. Otherwise the Alumni 
personally present at such meeting shall, from the two having 
the highest pluralities, elect a trustee, unless their pluralities 
shall aggregate less than fifty per cent, of the votes cast, in 
which case there shall be included in the number of those to be 
voted for, so many of those coming after such two highest in 
order of pluralities as will bring the aggregate of such plurali- 
ties of those to be voted for to fifty per cent, of the votes cast. 
(R. S. 1894, § 6064; R. S. 1897, § 6346.) 



SCHOOL LAW OF INDIANA. 

[1 R S. 1852, p. 504. Approved June 17, 1852, and in force May 6, 1853.] 

503. Annual meeting. 3. Said Trustees shall annually 
meet at the town of Bloomington at least three days preceding 
the annual commencement of the University. (R. S. 1881, 
§ 4567; R. S. 1894, § 6065; R. S. 1897, § 6348.) 

504. duorum— Temporary appointments. 4. Five of 
such trustees shall constitute a quorum ; and, in case an emer- 
gency is declared by the faculty, after there shall have been a 
called session at which the other members failed to attend, the 
trustees residing in the county of Monroe may fill vacancies in 
the faculty of the University and the Board of Trustees ; and, 
in case there should not be three trustees in attendance upon 
such emergency, then those that are in attendance, together with 
such members of the faculty as may be in attendance, shall fill 
such vacancies ; but appointments thus made shall expire at the 
next meeting of the board. (R. S. 1881, § 4568 ; R. S. 1894, 
§ 6067 ; R. S. 1897, § 6349.) 

505. Seminary township. 5. The trustees of said uni- 
versity shall receive the proceeds of the sales and rents of the 
three reserved sections in the seminary township in Monroe 
County, and the same shall be paid to the treasurer of said 
trustees, on their order. (R. S. 1881, § 4569 ; R. S. 1894, § 6068 ; 
R. S. 1897, § 6350.) 

506. Interest on loans. 6. The interest arising from loans 
of the State University fund, as received at the State treasury, 
shall be paid on the warrants of the Auditor of State ; such 
warrants to be granted on allowances made to the persons en- 
titled thereto by the Board of Trustees, and duly certified by 
their secretary. (R. S. 1881, § 4570; R. S. 1894, § 6069; R. S. 
1897, § 6751.) 

507. Faculty — Powers. 7. The president, professors and 
instructors shall be styled " The Faculty " of said university and 
shall have power — 

First. To enforce the regulations adopted by the trustees for 
the government of the students ; to which end they may reward 
and censure, and may suspend those who continue refractory, 
until a determination of the Board of Trustees can be had 
thereon. 



SCHOOL LAW OF INDIANA. 

Secpnd. To confer, with the consent of the trustees, snch 
literary degrees as are usually conferred in other universities, 
and, in testimony thereof, to give suitable diplomas, under the 
seal of the university and signature of the faculty. (R. S. 1881, 
§ 4571 ; R. S. 1894, § 6070 ; R. S. 1897, § 6350.) 

508. No religious qualification. , 8. E^o religious qualifi- 
cation shall be required for any student, trustee, president, pro- 
fessor or other ofiicer of such university, or as a condition for 
admission to any privilege of the same. (R. S. 1881, § 4572 ; R. 
S. 1894, § 6071 ; R. S. 1897, § 6353.) 

1. Students Must Submit TO EuLES. A student is required to submit to any 
proper rule necessary for the good government of the institution. — State v. White, 
82 Ind. 278. 

2. Qualifications for Admission. The faculty can not make membership 
of a Greek-letter fraternity or other college secret society a disqualification for 
admission.— State v. White, 82 Ind. 278. 

3. Race or Color. Students can not be expelled on account of race or color. 
—Cory V. Carter, 48 Ind. 327. 

509. No sectarian tenets. 9. No sectarian tenets shall be 
inculcated by any professor at such university. (R. S. 1881, 
§ 4573 ; R. S. 1894, § 6072 ; R. S. 1897, § 6354.) 

510. County students. 10. The trustees shall provide for 
the tuition, free of charge, of two students from each county in 
this State, to be selected by the Board of County Commissioners. 
(R. S. 1881, § 4574; R. S. 1894, § 6073; R. S. 1897, § 6355.) 

1. Each county may send two students, free of tuition fees, to be instructed 
in the Law Department, as well as any other department. — McDonald v. Hagins, 
7 Blackf. 525. 

511. Notice to counties. 11. The secretary of the board 
shall notify the County Auditor of each county of the State 
whenever there shall not be in attendance at the university the 
number of students which such county is entitled to send free 
of tuition ; of which such Auditor shall notify the Board of 
Commissioners of such county at its next meeting. (R. S. 1881, 
§ 4575 ; R. S. 1894, § 6074 ; R. S. 1897, § 6356.) 

512. Treasurer's bond. 12. The treasurer of the univer- 
sity shall give bond in a penalty, and w^ith surety to be approved 
by such board, payable to the State, conditioned for the faithful 



334 SCHOOL LAW OF INDIANA. 

discharge of his duties ; which bond shall be filed with the 
Auditor of State. (R. S. 1881, § 4576 ; R. S. 1894, § 6075 ; R. S. 
1897, § 6357.) . ' . 

513. Board of Visitors. 13. The Governor, Lieutenant- 
Governor, Speaker of the House of Representatives, Judges of 
the Supreme Court, and Superintendent of Common Schools 
[State Superintendent of Public Instruction], shall constitute a 
Board of Visitors of the university, and any three thereof a 
quorum. (R. S. 1881, §4577; R. S. 1894, §6076; R. S. 1897, 
§ 6358.) 

514. Visitors not attending, to be reported. 14. In 3ase 
the members of such Board of Visitors fail to attend the an- 
nual commencement exercises of the university, the president 
of the Board of Trustees shall report such of them as are ab- 
sent to the next General Assembly, in its annual report. (R. S. 
1881, § 4578 ; R. S. 1894, § 6077 ; R. S. 1897, § 6359.) 

515. Duties of Visitors. 15. SuchBoardof Visitors shall 
examine the propert}^, the course of study and discipline, and 
the state of the finances of the university, and recommend such 
amendments as it "may deem proper, the books and the accounts 
of the institution being open to its inspection ; and it shall 
make report of its examination to the Governor, to be by him 
laid before the next General Assembly. (R. S. 1881, § 4579 ; 
R. S. 1894, § 6078 ; R. S. 1897, § 6360.) 

516. Duties of Secretary. 16. The secretary of the Board 
of Trustees shall keep a true record of all the proceedings of 
said Board, and certify copies thereof. He shall also keep an 
account of the students in the university according to their 
classes, stating their respective ages and places of residence, and 
a list of all graduates. (R. S. 1881, § 4580 ; R. S. 1894, § 6079 ; 
R. S. 1897, §6361.) 

517. Duties of Treasurer. 17. The treasurer of said uni- 
versity shall — 

Mrst. Keep true accounts of all money received into the 
treasury of said university, and of the expenditures thereof. 

Second. Pay out the same on the order of the Bdard of 
Trustees, certified by its secijetary. 



\ SCHOOL LAW OF INDIANA. 335 

Tht^d. Collect tlie tuition fees due the same. 

Fourth. Make semi-annual settlements with the Board of 
Trustees. 

Fifth.\ Submit a full statement of the finances of the univer- 
sity, and his receipts and payments, at each meeting of the 
Board of Trustees. 

Sixth. Submit his books and papers to the inspection of the 
Trustees and Visitors. (R. S. 1881, § 4581 ; R. S. 1894, § 6080 ; 
R. S. 1897, § 6362.) 

518. Report to Stat© Superintendent. 18. The Board 
of Trustees, its secretary and treasurer, shall report to the Su- 
perintendent of Common Schools [State Superintendent of Pub- 
lic Instruction], all matters relating to the university, when by 
him required. (R. S. 1881, §4582; R. S. 1894, §6081; R. S. 
1897, § 6363.) 

519. Lectures by faculty. 19. One member of the faculty, 
to be designated by a majority thereof, of which the secretary 
of the board shall be informed, shall, by himself or competent 
substitute, deliver a public lecture on the principles and organ- 
ization of the university, its educational facilities (being careful 
not to disparage the claims of other institutions of learning in 
the State), in at least fifteen difterent counties of the State, of 
which he shall give due notice ; and in a vacation of less dura- 
tion than one month a member of the faculty, to be designated 
as aforesaid, shall deliver such lecture in at least three dififerent 
counties ; a brief statement of which lectures shall, by the per- 
sons delivering them, be reported to the Board of Trustees, an- 
nually, to be by them incorporated in the annual report to the 
General Assembly ; but no two such lectures shall be delivered . 
in the same county until all the counties of the State have been 
lectured in. (R. S. 1881, § 4583 ; R. S. 1894, § 6082 ; R. S. 1897, 
§ 6364.) 

520. Geological examinations and specimens. 20. Such 
lecturers shall make such geological examinations and collect, 
such mineralogical specimens as they may be able to make and 
procure ; a report whereof they shall make to the Board of 
Trustees, to be by it incorporated in its annual report to the 
General Assembly; and such specimens; together with those 



336 SCHOOL LAW OF INDIANA. 

they may procure by voluntary donations, they shall deposit in 
a suitable room in the university buildings, to be fitted up for 
that purpose. (R. S. 1881, §4584; R. S. 1894, § 6083; R. S. 
1897, § 6365.) 

521. Printing annual report. 21. The Governor of the 
State shall order the printing, annually, of five thousand copies 
of the annual report of the Board of Trustees, twenty -five hun- 
dred of which shall be for the use of the members of the General 
Assembly, and twenty-five hundred for the faculty. (R. S. 1881, 
§ 4585 ; R. S. 1894, § 6984 ; R. S. 1897, § 6366.) 

1. How Printed. This report and the catalogues are printed by the State 
Commissioners of Public Printing. Acts 1885, p. 217, section 9. 

522. Contents of report. 22. Such report shall contain 
what is now included in the annual catalogue, with such other 
matters as may be deemed useful to the cause of education, con- 
nected with the university. (R. S. 1881, §4586; R. S. 1894, 
§6085; R. S. 1897, § 6367.) 

523. Notice of sessions. 23. The Board of Trustees, 
through its president, shall give at least one month's notice of 
the commencement of each session of the university in at least 
one newspaper in the cities of Indianapolis, Louisville, in the 
State of Kentucky, and in New Orleans, in the State of Louisi- 
ana. (R. S. 1881, § 4587 ; R. S. 1894, § 6086 ; R. S. 1897, § 6368.) 

524. Buildings and repairs. 24. The Board of Trustees 
shall, annually, appoint a committee of its body to examine the 
university buildings and grounds adjacent, who shall report the 
kind and cost of repairs, if any are needed; and one of the 
members of the faculty shalLbe appointed to take care of such 
buildings and grounds. (R. S. 1881, § 4588 ; R. S. 1894, § 6087 ; 
R. S. 1897, § 6369.) 

525. Normal Department. 25. Such Trustees shall es- 
tablish a normal department for instruction in the theory and 
practice of teaching, free of charge to such young persons, male 
and female, residents of the State, as may desire to qualify 
themselves as teachers of common schools, within the State, 
under such regulations as such Board of Trustees may make in 
regard to admitting to, kind, and time of delivery of lectures 



SCHOOL LAW OF INDIANA. 337 

in sucli department, and the granting of diplomas therein ; and 
such regulations shall be incorporated in the annual report of 
the Trustees to the General Assembly. (R. S. 1881, § 4589 ; R. 
S. 1894, § 6088 ; R. S. 1897, § 6370.) 

526. Agricultural department. 26. Such Trustees shall 
al'so establish an agricultural department in such university, 
under proper regulations, which shall likewise be set forth in 
their annual report. (R. S. 1881, §4590; R. S. 1894, §6089; 
R. S. 18c>«, §6371.) 

[1857, p. 130. Approved March 7, 1857, and in force August 24, 1857.] 

527. Scholarships transferable. 1. All scholarships in 
the State University, issued for or founded upon subscription 
moneys paid by individuals toward the construction of the uni- 
versity buildings, or any of them, or the right to use said schol- 
arships for any session or sessions of the college year in said 
institution, may be transferred or sold by the holders thereof 
for a valuable consideration. (R. S. 1881, § 4591 ; R. S. 1894, 
§6090; R. S. 1897, §6372.) 

[1861 S., p. 89. Approved and in force May 31, 1861.] 

528. Perpetual scholarships. 1. The contingent fee on 
perpetual scholarships, issued by the Trustees of the State Uni- 
versity, shall not be more than one dollar per session : Prcr- 
vided, That the Trustees are hereby authorized to purchase said 
scholarships whenever, in their opinion, it is for the best inter- 
ests of the university, at not more than ninety cents on the dol- 
lar, by giving notice in some newspaper published in the town 
of Bloomington, that they are ready to purchase said scholar- 
ships ; and, after the date of such notice, no person shall be en- 
titled to any benefits under the provisions of said scholarships, 
except to sell the same, as is provided in this act. (R. S. 1881, 
§ 4592 ; R. S. 1894, § 6091 ; R. S. 1897, § 6373.) 

[1861 S., p. 88. Approved May 11, 1861, and in force September 7, 1861.] 

529. Library. 2. The State Librarian is directed to trans- 
fer from the State Library to the Library of the Indiana Uni- 
versity a complete set of journals of both Houses of the Legis- 
lature, a copy of all laws enacted since the organization of the 

22— ScH. Law. 



338 SCHOOL LAAV OF INDIANA. 

titate, and of all reports from the several departments of State, 
and of those received from other States, and from the general 
government, together with all other books and documents of 
which there are duplicates now in the State Library, or shall 
be hereafter received : Provided, That such books and docu- 
ments can be spared without injury to the State Library, and 
that such transfer be made without expense to the State. (R. S. 
1881, § 4593; R. S. 1894, § 6092; R. S. 1897, § 6374. 

530. State Geologist. 3. The State G-eologist, while he 
holds his office, shall be regarded as a member of the faculty 
of the university; and he is hereby directed, in his reconnois- 
ances, to collect duplicate specimens of mineralogy and geology, 
and to deposit one set of the same in the cabinet of the State 
University. (R. S. 1881, § 4594; R. S. 1894, § 6093; R. S. 
1894, § 6375. 

[1 R. S. 1852, p. 504, Approved June IT, 1852, and in force May 6, 1853.] 

531. Fund, how derived — Loans. 28. The University 
fund shall consist of the lands in Monroe and Gibson Counties, 
and the proceeds of sales thereof, and all donations for the use 
of such university, where the same is expressly mentioned in 
the grant, or where in such grant the term "University" only 
is used ; the principal of which fund, when paid into the State 
Treasury, shall be loaned, and the annual interest thereon ap- 
plied to the current expenses of the university, upon warrants 
drawn on the Treasurer of State by the Auditor of State, on 
the requisition of the Board of Trustees, signed by the Presi- 
dent and attested by the Secretary thereof, (R. S. 1881, § 4595 ; 
R. S. 1894, § 6094; R. S. 1897, § 6376. 



532. Auditor of State to loan— Duty. 29. It shall be 
the duty of the Auditor of State to loan out such fund upon 
real estate security. He shall duly inform himself of the value 
of all real estate offered in pledge, and shall be judge of the 
validity of the title thereof; and any person appljdng for a loan 
shall produce to said auditor the title papers to such real estate, 
showing title in fee simple, without incumbrance, and not de- 
rived through any executor's or administrator's sale, or sale on 



SCHOOL LAW OF INDIANA. 339 

execution. (R. S. 1881, § 4596 ; R. S. 1891, § 6095 ; R. S. 1897, 
§ 6385.) 

1. Repealed. From section 402 to section 424, inclusive, has been repealed 
by the Act of 1897, section 466. The repealed sections are inserted as matter of 
information. 

[1901, p. 342. Approved and in force March 9, 1901.] 

533. Form of mortgage. 30. The mortgage to be taken 
may be in the following form, in substance : 

/, A. JB., of the county of , in the State of Indiana, do assign and transfer to 

the State of Indiana all. [licre describe the land], tvhich I declare to be mortgaged for the 

payment of dollars, iviih interest at the rate of six per cent, per annum, payable 

in advance, according to the conditions of the note heneunto annexed. 

534. Form of Note. 31, The note accompanying the 
same may be, in substance, as follows : 

I, A. B., promise to pay to the State of Indiana, on or before the day of , 

the sum of , ivitli interest thereon at the rate of six per cent, per annum, in advance, 

commencing on the day of , 19 — , and do agree that, in case of failure to 

pay any instcdlment of said interest, the said principal shall become due and collectible, to- 
gether vjith all arrears of interest; and on any such failure to pay principal or interest when 
due, five per centum damages on the xvhole sum due shall be collected ivith costs, and the 
premises mortgaged may be forthivith sold by the Auditor of Public Accou7its [Auditor of 
State], for the payment of such principal sum, interest, damages and costs. 

[1. R. S. 1852, p. 504. Approved June 17, 1851. In force May 6, 1853.] 

535. Loans — Security. 32. No greater sum than five hun- 
dred dollars shall be loaned to any one person out of such fund, 
nor shall the loan be for a longer period than five years; and 
the sum loaned shall not exceed one-half of the appraised value 
of the premises to be mortgaged, clear of all perishable im- 
provements. The Auditor may reduce the amount to be loaned 
on any such valuation, when, for any cause, he may have reason 
to believe the same was not in proportion to the prices of simi- 
lar property selling in the vicinity, such valuation to be made 
from the valuation of the same property in the assessment of 
the State revenue. (R. S. 1881, § 4599 ^R. S. 1894, § 6098; R. 
S. 1897, § 6788.) 

[1901, p. 342. Approved and in force March 9, 1901.] 

536. Interest. " 33. The rate of interest required shall be 
six per cent, in advance, payable annually. On failure to pay 
any installment of interest when due, the principal shall forth- 
with become due ; and the note and mortgage may be collected. 



340 SCHOOL LAW OF INDIANA. 

1. This section, as it originally stood, was not repealed by the general interest 
law of 1879, fixing the rate at 8 per cent. — State v. Carr, 111 Ind. 335. 

[1. R. S. 1852, p. 504. Approved June 17, 1852; in force May 6, 1853.] 

537. Priority of mortgage. 34. Sucli mortgages shall be 
considered as of record from the date thereof; and shall have 
priority of all mortgages or conveyances not previously re- 
corded, and of all other liens not previously incurred, in the 
county where the land lies. (E. S. 1881, §4601; R. S. 1894, 
§ 6100 ; R. S. 1897, § 6390.) 

538. Recording of mortgage. 35. It shall be the duty 
of the Auditor to have such mortgages recorded with due dili- 
gence, the expense whereof shall be borne by the mortgagor, and 
may be retained out of the money borrowed. (R. S. 1881, 
§ 4602 ; R. S. 1894, § 6101 ; R. S. 1897, § 6391.) 

539. Certificate as to liens. 36. The person applying 
for a loan shall file with the Auditor the certificate of the Clerk 
and Recorder of the county in which the land lies, showing that 
there is no conveyance of or incumbrance on said land, in either 
of their offices. (R. S. 1881, §4603; R. S. 1894, §6102; R. 8. 
1897, § 6392.) 

540. Abstract of title. 37. Such person shall also, before 
he receives the money to be loaned, make oath to the truth of 
an abstract of the title to his said land, and that there is no in- 
cumbrance, or better claim, as he believes, upon said land. (R. 
S. 1881, § 4604 ; R. S. 1894, § 6103 ; R. S. 1897, § 6393.) 

541. Auditor's duty. 38. On making any loan of such 
fund, the Auditor shall draw his warrant on the Treasurer in 
favor of the borrower; and the Treasurer shall pay the same 
and charge it to the proper fund. (R. S. 1881, §4605; R. S. 
1894, §6104; R. S. 1897, §6394.) 

542. Payment. 39. All loans refunded and all interest 
shall be paid into the State Treasury ; and the Treasurer's re- 
ceipt shall be filed with the Auditor of State,' who shall give the 
payer a quietus for the amount thereof and make the proper 
entries upon his books. (R. S. 1881, § 4606 ; R. S. 1894, § 6105 ; 
R. S. 1897, § 6395.) 



SCHOOL LAW OF INDIANA. 341 

543. Satisfaction. 40. Whenever the amount due on any 
mortgage shall be fully paid and the Treasurer's receipt filed 
therefor, the Auditor shall indorse on the note and mortgage 
that the same has been fully satisfied, and surrender them to the 
person entitled thereto ; and on the production of the same, with 
such indorsement thereon, the Recorder of the proper county 
shall enter satisfaction upon the record thereof. (R. S. 1881, 
§ 4607 ; R. S. 1894, § 6106 ; R. S. 1897, § 6396.) 

544. Loans, how collected. 41. When the interest or 
principal of any such loan shall become due and remain unpaid 
the Auditor shall proceed to collect the same by a suit on the 
note, or by the sale of the mortgaged premises, or both, as to 
him may seem most advisable. He may, also, by proper action, 
obtain possession of the mortgaged premises. (R. S. 1881, 
§ 4608 ; R. S. 1894, § 6107 ; R. S. 1897, § 6397.) 

545. Judgment. 42. In case of suit on such note, and 
judgment thereon, no stay of execution or appraisement of 
property shall be allowed. (R. S. 1881, §4609; R. S. 1894, 
§ 6108 ; R. S. 1897, § 6398.) 

546. Notice of sale. 43. On failure to pay any interest or 
principal, when due on any such mortgage, the Auditor shall 
advertise the mortgaged property for sale in one or more of the 
newspapers printed in this State, for sixty days — such sale to 
take place at the courthouse door in Indianapolis. (R. S. 1881, 
§ 4610 ; R. S. 1894, § 6109 ; R. S. 1897, § 6399.) 

1. A failure to give notice, or to not give it the required length of time, ren- 
ders the sale void. — Brown v. Ogg, 85 Ind. 234. Abbreviations may be used in 
the description. — Bansemer v. Mace, 18 Ind. 27. 

547. Sale. 44. At the time appointed for such sale the 
Auditor and Treasurer of State shall attend, and the Auditor 
shall make sale of so much of the mortgaged premises to the 
highest bidder, for cash, as will pay the amount due for princi- 
pal, interest, damages and cost of advertising and selling the 
same ; and such sales may be in parcels, so that the whole amount 
required be realized. (R. S. 1881, § 4611 ; R. S. 1894, § 6110 ; 
R. S. 1897, § 6400.) 

1. A sale for more than is due is void. — Brown v. Ogg, 85 Ind. 234. The 
Auditor may act by deputy. — Bansemer v. Mace, 18 Ind. 27. 

2. It is not necessary to offer the mortgaged tract in parcels. — Bansemer v. 
Mace, 18 Ind. 27 



342 



SCHOOL LAW OF INDIANA. 



548. When Auditor to buy — Se-sale. 45. In case no one 
will bid the full amount due as aforesaid, the Auditor shall bid 
in the same, on account of the proper fund ; and as soon there- 
after as may be, he shall sell the same to the highest bidder for 
cash, or on a credit of five years, interest being payable annu- 
ally in advance. (R. S. 1881, § 4612 ; R. S. 1894, § 6111 ; R. S. 
1897, § 6401.) 

549. Limit of bid — Overplus. 46. The sale authorized in 
the preceding section shall not be for less than the amount 
chargeable on such land ; but if for more, the overplus shall be 
paid to the mortgagor, his heirs or assigns. (R. S. 1881, § 4613 ; 
R. S. 1894, § 6112 ; R. S. 1897, § 6402.) 

560. Statement of sale. 47. The Treasurer shall attend 
and make a statement of such sales, which shall be signed by 
the Auditor and Treasurer, and, after being duly recorded in 
the Auditor's office, shall be filed in the Treasurer's office ; and 
such record, or a copy thereof, authenticated by the Auditor's 
or Treasurer's certificate, shall be received as evidence of the 
matters therein contained. (R. S. 1881, §4614; R. S. 1894, 
§ 6113 ; R. S. 1897, § 6403.) 

651. Title in Statej without deed. 48. When any land 
is bid in by the State at such sale, no deed need be made there- 
for to the State ; but the statement of such sale, and the record 
thereof made, as in the preceding section required, shall vest 
the title in the State, for the use of the fund. (R. S. 1881, 
§ 4615 ; R. S. 1894, § 6114; R. S. 1897, § 6404.) 

. 562. Sale for cash — Certificate. 49. In case of a sale of 
any such land to any person for cash, on the production of the 
Treasurer's receipt for the purchase money, the Auditor shall 
give to the purchaser a certificate, which shall entitle him to a 
deed for said land, to be executed by the Governor of this State 
and recorded in the office of the Secretary of State. (R. S. 
1881, § 4616 ; R. S. 1894, § 6115 ; R. S. 1897, § 6405.) 

653. Sale on credit. 50. In like manner, when any tract 
bid in by the State or sold on a credit, on the execution and de- 
livery of a note and mortgage for the proper amount, as in 
other cases required, the purchaser shall be entitled to a deed 



SCHOOL LAW OF INDIANA. 343 

for the same, to be made as prescribed in the preceding section ; 
and the transaction shall be entered, and appear upon the Aud- 
itor's and Treasurer's books, as a payment of the sum bid, and 
a re-loan of the same to the purchaser, and the proper receipts 
and warrants shall pass therefor. (R. S. 1881, §4617; R. S. 
. 1894, § 6116 ; R. S. 1897, § 6406.) 

554. Fees and damages, 51. For the services of the 
Auditor and Treasurer in conducting such sales, they shall be 
entitled to rece'ive five per cent, damages, chargeable on such 
sales. (R. S. 1881, § 4618 ; R. S. 1894, § 6117 ; R. S. 1897, § 6407.) 

555. Accounts — Reports. 52. The Auditor and Treasurer 
sliall keep fair and regular entries of the sums received and 
paid out on account of said fund, and shall include the same in 
their annual reports. (R. S. 1881, §4619; R. S. 1894, §6118; 
R. S. 1897, § 6408.) 

556. Accounts with borrowers. 53. In addition thereto, 
the Auditor shall keep fair and regular accounts with the bor- 
rowers of said fund, and shall report the names of borrowers 
with his annual report. (R. S. 1881, § 4620 ; R. S. 1894, § 6119 ; 
R. S. 1897, § 6409.) 

557. Interest, when loaned. 54. Should any interest 
remain on hand, not wanted for the use of the university, the 
same may be loaned as other funds. (R. S. 1881, § 4621 ; R." S. 
1894, § 6120 ; R. S. 1897, § 6410.) 

558. Unsold lands. 55. The care and disposition of the 
lands belonging to and for the use of said university, remaining 
unsold or unpaid for, shall be vested in the present commis- 
sioners of the reserved townships in the counties in which such 
lands may lie, who shall sell such as remain unsold, and such as 
are forfeited for non-payment, on such terms and under such 
regulations as the Board of Trustees of such university may 
provide; except that, in every instance, the interest on the pur- 
chase-money must be paid in advance. ]^o purchaser, his heirs 
or assigns, shall have the right to cut down or destroy timber 
standing upon such land, other than for the erection of fences 
and buildings thereoB, or for firewood to be used on the prem- 



344 SCHOOL LAW OF INDIANA. 

ises, and in fairly improving it for cultivation. (E. S. 1881, 
§ 4622; R. S. 1894, § 6121 ; R. S. 1897, § 6411.) 

559. Certificates of payment-^Patent. 56. On the first 

payment for any sucli land being made, the proper commissioner 
shall execute to the purchaser a certificate therefor ; and, on 
final payment, the original certificate shall be surrendered to 
the commissioner, and by him filed away, and he shall give 
to the purchaser two final certificates, stating the whole amount 
of principal and the whole amount of interest paid, one of which 
certificates shall be forwarded to the Auditor of State ; and on 
presentation of the other to the Auditor of State, if in all things 
correct, he shall countersign the same, which shall entitle the 
owner to a patent, to be issued by the Governor for the land so 
paid for. (R. S. 1881, § 4623; R. S. 1894, § 6122; R. S. 1897, 
§ 6412.) 

560. Leases. 57. Such commissioners may, from time to 
time, lease any such unsold improved land, for a term not ex- 
ceeding one year, until the same can be sold ; and such leases 
shall be guarded against trespass and waste by proper covenants, 
(R. S. 1881, § 4624; R. S. 1894, § 6123; R. S. 1897, § 6413.) 

561. Commissioners' report. 58. Such commissioners shall 
make an annual report to the Board of Trustees of the lands 
remaining unsold, such as are forfeited, such as are not fully 
paid for, the amount due, and money collected from sale, as 
interest or principal ; which report shall be subscribed and sworn 
to by such commissioners, respectively, and be incorporated 
in the annual report of such board to the General Assembly. 
(R. S. 1881, § 4625 ; R. S. 1894, § 6124; R. S. 1897, § 6414.) 

662. Commissioners' duty. 59. Money collected by such 
commiissioners shall be paid over to the treasurer of the board, 
who shall execute to such commissioners two receipts therefor, 
. each specifying the persons from whom such money was col- 
lected, and the amount thereof, whether for interest or princi- 
pal ; one of which receipts shall be immediately forwarded to 
the Auditor of State, to be by him used in his settlement with 
such treasurer. (R. S. 1881, § 4626; K S, 1894, § 6125; R. S. 
1897, § 6415.) 



SCHOOL LAW 01* iNtHANA. B45 

563. Pay of Commissioners.' 60. Such board shall regu- 
late the compensation of such commissioners. (R. S. 1881, 
§ 4627 ; R. 8. 1894, § 6126 ; R. S. 1897, § 6416.) 

564. Patents, and recording. 61. Patents for land sold 
shall be made by the Governor, and recorded in the office of the 
Secretary of State. (R. S. 1881, § 4628; R. S. 1894, § 6127; 
R. S. 1897, § 6417.) 

[1855, p. 201. Approved and in force March 3, 1855.1 

565. Pay for managing fund. 7. The Auditor of State 
and the Treasurer of State, for the management of the Uni- 
versity fund, shall be, jointly, entitled to receive five per centum 
upon the interest paid in on such fund ; and it shall not be law- 
ful for them, or either of them, to make any other charges 
against the same. (R. S. 1881, § 4629; R. S, 1894, § 6128; 
R. S. 1897, § 6418.) 

566. Extension of payments. 8. The time for the final 
payments to be made by the holders of original certificates for 
the purchase of lands reserved and granted to the State Uni- 
versity of Indiana, in the case of all such certificates as have 
heretofore been issued and are now outstanding, shall be ex- 
tended for the further term of three years from the time when 
the same may, respectively, fall due. (R. S. 1881, § 4630 ; R. S. 
1894, § 6129 ; R. S. 1897, § 6419.) 

567. Forfeiture, how prevented. 9. Any and all holders 
of such certificates, as aforesaid, who have forfeited such lands 
by the non-payment of interest on the purchase-money, shall 
be exempted and released from such forfeiture by paying, to the 
commissioners of such lands, on or before the first day of 
August, in the year 1855, all interest due on the same, together 
with the interest upon the amount due at the time of such for- 
feiture up to the time of said payment; and upon such pay-. 
ment being made, in the manner, and within the time herein 
specified, the holder of such certificate shall have the same 
rights under it as if such forfeiture had never occurred. (R. S, 
1881, § 4631 ; R. S. 1894, § 6130 ; R. S. 1897, § 6420.) 

568. Forfeited lands. 10. If any portion of said lands 
now forfeited shall not have been redeemed on said first day of 



346 SCHOOL LAW OF INDIANA, 

August next, as provided in the preceding section, it shall be 
tlie duty of the commissioners of such reserved lands to sell 
the same for the best price they can obtain, not less than the 
original purchase price, allowing the purchaser a credit on the 
same as now provided by law. If any of such lands shall here- 
after be forfeited, it shall be the duty of such commissioners, 
if the same be not redeemed within six months from the time 
of such forfeiture, to sell the same on the terms in this section 
above provided. For their services in effecting such sales, the 
commissioners shall be entitled to retain, out of the first money 
received from the purchasers, five per cent, upon the amount 
of the purchase price of such lands. (R. S. 1881, § 4632 ; R. S. 
1894, § 6131 ; li. S. 1897, § 6421.) 

[ 1859, p. 234. Approved and in force March 2, 1859.1 

569. Appraisement of lands. 1. The Board of Trustees 
of the Indiana University shall cause to be appraised the land 
granted by the United States to the State of Indiana for the 
use of the said university. (R. S. 1881, §4633; R. S. 1894, 
§ 6132 ; R. S. 1897, § 6422.) 

570. Where filed and recorded. 2. It shall be the duty 
of the said trustees, v/hen the said appraisement shall have been 
made, to record the same upon their books, and to file a copy 
of the same in the office of the Auditor of State, to be, by said 
Auditor, recorded in his office; and, also, to file copies of such 
appraisements of the lands in the respective counties in the 
office of the auditor of the county where the lands are situate, 
to be by said County Auditor recorded. (R. S. 1881, §4634; 
R. S. 1894, § 6133 ; R. S. 1897, § 6423.) 

571. Duty of County Auditors. 3. The Auditor of each 
of the said counties shall, upon said appraisements being filed as 
aforesaid, and when required so to do by the said Board of Trus- 
tees, offer for sale so much of the said lands as may be within 
their respective counties at public auction, in the manner here- 
inafter mentioned. R. S. 1881, § 4635 ; R. S. 1894, § 6134 ; R. S. 
1897, §6424.) 

572o Motice of sale. 4. l^otice of the time, place, and 
conditions of such sale shall be given by publication, for four 



SCHOOL LAW OF INDIANA. 347 

weeks successively in a newspaper published in such county, if 
an}'' there be ; if not, in a newspaper in this State published 
nearest thereto, and also by posting up written or prinw : 
notices thereof in three of the most public places in the town- 
ship in which the lands are situated, and a like notice at the 
court house door at the county seat. (E. S. 1881, § 4636 ; R. S, 
1894, § 6135 ; E. S. 1897, § 6425.) 

573. Sale. 5. The place of sale for said lands shall be at 
the court house in each county of this State in which the said 
lands may be situated ; and it shall be the duty of the County 
Auditor to attend at the court house of his county at the time 
mentioned in the notice of the sale of said lands, and offer for 
sale at public auction, in legal subdivisions, and as near as prac- 
ticable in half-quarter sections, all the lands lying within hie 
county ; and, for that purpose, he shall continue the sale from 
day to day, until all of the said lands shall have been offered for 
sale. (E. S. 1881, § 4637; E. S. 1894, § 6136; E. S. 1897, § 6426.) 

574. Terms of sale. 6. The said lands shall be offered 
for sale at the time and place mentioned in such publication, 
and struck off to the highest bidder by said County Auditor 
and County Treasurer, for a price not less than the appraised 
value thereof — one-fourth of the purchase money to be paid in 
hand, and the remaining three-fourths at the expiration of ten 
years from the date of such sale, with interest annually in ad- 
vance, at the rate of seven per cent, per annum, upon the resi- 
due or deferred payment. (E. S. 1881, § 4638 ; E. S. 1894, §-6137 ; 
E. S. 1897, § 6427.) 

575. Private entry. 7. When any of said lands, offered 
at public sale as aforesaid, shall remain unsold, they shall be 
subject to private entry with the County Auditor and County 
Treasurer of each county, upon the same terms and conditions 
as lands sold at public auction, for a sum not less than the ap- 
praised value thereof, by any person applying to enter the same. 
(E. S. 1881, § 4639 ; E. S. 1894, § 6138 ; E. S. 1897, § 6428.) 

576. Certificate of purchase. 8. When any sale shall be 
effected, either at public or private sale as aforesaid, the County 
Auditor shall give to the purchaser thereof a certificate, signed 
by him officially, bearing date o-n the day of sale, stating therein 



348 SCHOOL LAW OF INDIANA. 

the name of the purchaser, the tract or tracts of land purchased 
by him, the number of acres contained in said tract or tracts, 
the price per acre, and the whole sum for which the same was 
sold, the amount of principal paid, and the amount of interest 
paid in advance. (R. S. 1884, § 4640 ; E. S. 1894, § 6139 ; R. S. 
1897, § 6429.) 

577. Certificate to be registered. 9. Said certificate 
shall be registered by the County Auditor in a book provided 
for that purpose, by entering in said book a correct copy 
thereof. (R. S. 1881, § 4641; R. S. 1894, § 6140; R. S. 1897, 
§ 6430.) 

578. Certificate assignable. 10. Said certificates of en- 
try shall be evidence of title to the land therein mentioned in 
the persons in whose names they shall issue, or their assigns, 
and shall be assignable, provided such assignments be acknowl- 
edged before the Auditor of the county wherein the land is sit- 
uated (who is hereby authorized to take such acknowledg- 
ments), and recorded by said Auditor in a book to be kept by him 
for that purpose ; for which service the said Auditor shall be en- 
titled to receive a fee of fifty cents, to be paid by the assignor 
of such certificate. (R. S. 1881, § 4642 ; R. S. 1894, § 6141 ; R. 
S. 1897, § 6431.) 

579. Forfeiture. 11. On failure of any purchaser to pay 
any installment of interest on said deferred payment of purchase 
money when the same becomes due, the contract shall become 
forfeited and the land shall immediately revert to the State for 
the use of said university, and the County Auditor shall forth- 
with proceed to sell the same in the manner and on the terms 
hereinbefore specified for said public sales. (R. S. 1881, § 4643 ; 
R. S. 1894, § 6142 ; R. S. 1897, § 6432.) 

580. Surplus. 12. If, on such subsequent sale, such lands 
shall produce more than is sufficient to pay the sum owing there- 
for, with interest and costs and five per cent, damages upon the 
amount due on such lands, the surplus shall, when collected, be 
paid over to the purchaser so forfeiting or his legal representa- 
tive. (R. S. 1881, § 4644 ; R. S. 1894, § 6143 ; R. S. 1897, § 6433.) 

581. Forfeiture, how prevented. 13. At any time before 
such subsequent sale, payment of the sum due, with interest for 



SCHOOL LAW OF INDIANA. 349 

the delay, and all costs, together with two per cent, damageis 
upon the amount due on such lands, shall prevent such sale and 
revive the original contract. (R. S. 1881, §4645; R. S. 1894, 
§ 6144 ; R. S. 1897, § 6434.) 

582. Land, how redeemed. 14. The former owner ot any 
lands sold as delinquent, his heirs, executors or administrators, 
may, at any time within one year after such resale, redeem the 
same by paying to the purchaser, his heirs or assigns, or to the 
County Treasurer, for him or them, the amount of purchase 
money paid by such purchaser, together with all subsequent 
payments, either of principal or interest, which such purchaser, 
or those claiming under him, may have made thereon, with in- 
terest at the rate of ten per cent, per annum. (R. S. 1881, § 4646 ; 
R. S. 1894, § 6145 ; R. S. 1897, § 6435.) 

583. Security. 15. The Board of Trustees may require 
security from the purchaser at any of said sales, sufficient to 
prevent any waste being committed upon the lands by the re- 
moval of timber therefrom, or otherwise. (R. S. 1881, § 4647 ; 
R. S. 1894, § 6146 ; R. S. 1897, § 6436.) 

584. Suit for waste. 16. In case of any forfeiture as afore- 
said, the purchaser so forfeiting shall be liable and may be sued 
for unnecessary injury or waste done to such land, and damages 
to double the amount of such injury or waste recovered there- 
for — such suit to be begun and prosecuted by the Auditor of the 
county where the land lies, in the name of the State of Indiana, 
for the use of the said university. (R. S. 1881, §4648; R. S. 
1894, § 6147; R. S. 1897, § 6437.) 

585. Patent, on full payment. 17. On full payment being 
made for any such land the County Auditor shall issue to the 
purchaser, or his assignee, a final certificate therefor; which, 
upon presentation to the Auditor of State, shall entitle the 
owner thereof to a patent for the land described therein, to be 
issued by the Governor and recorded in the office of the Secre- 
tary of State. (R. S. 1881, §4649; R. S. 1894, §6148; R. S. 
1897, § 6438.) 

1. By an act of 1889 the trustees were authorized to sell certain lands in Eing- 
gold County, Iowa, owned by the university, and to execute a deed therefor. — ■ 
Acts 1889, p. 255. 



350 SCHOOL LAW OF INDIANA. 

586. Auditor's report. 18. The County Auditor shall 
make, on the first Monday of each month, a report of his sales 
of said lands to the secretary of the Board of Trustees and to 
the Auditor of State, showing the date of sale, the description 
of the lands sold from time to time, the number of acres, the 
price per acre, the total amount each tract sold for, the amount 
of principal paid and the amount of interest paid, and of all 
forfeitures, re-sales and redemptions thereof. (R. S. 1881, § 4650 ; 
E. S. 1894, § 6149 ; R. S. 1897, § 6439.) 

587. Treasurer's report. 19. The County Treasurer shall 
make a report, on the first Monday of each month, to the treas- 
urer of the Board of Trustees of the university and to the Treas- 
urer of State, of all moneys received by him, whether principal 
or interest, on account of such lands ; and the said Board of 
Trustees shall require the books of their secretary and treasurer 
to be so kept as to exhibit the true condition of the accounts 
of all such purchases and sales of the said lands. (R. S. 1881, 
§ 4651 ; R. S. 1894, § 6150; R. S. 1897, § 6440.) 



To pay money to State Treasurer. 20. The County 
Treasurer shall, on the first Monday of each month, pay over 
to the Treasurer of State all sums received on account of the 
principal of the purchase money of said lands, and shall pay to 
the treasurer of the Board of Trustees of the university all 
sums received on account of the interest upon the purchase 
money of the said lands. (R. S. 1881, §4652; R. S. 1894, 
§ 6151 ; R. S. 1897, § 6441.) 



Pay of Auditor and Treasurer. 21. The several 
County Auditors and Treasurers shall receive for their services 
the same compensation which may, from time to time, be al- 
lowed by law for similar services in relation to the sale of com- 
mon school lands, which shall be in full for all their services 
required by this act. (R. S. 1881, §4653; R. S. 1894, §6152; 
R. S. 1897, § 6442.) 

590. Loans. 22. The Auditor of State shall loan out the 
said principal of the moneys received from th-e several County 
Treasurers on account of said sales, in the same manner, and 
requiring the same security, as other portions of the university 



SCHOOL LAW OP INDIANA. S51 

fund is now or may hereafter be required by law to be loaned 
out, and shall pay over to the treasurer of the Board of Trustees 
the interest derived from said principal, as a part of the income 
of the university. The said Auditor of State shall, in his an- 
nual report to the Legislature, report the names of the borrow- 
ers of the whole of the university fund, the amount borrowed 
by each, and the total amount on loan at the date thereof, and 
the amount of the supended debt, if any, and in whose name 
forfeited. (R. S. 1881, §4654; R. S. 1894, §6153; R. S. 1897, 
§6443.) ' 

591. Disposition of proceeds. 23. Of the first proceeds of 
said sum, the said Board of Trustees shall be entitled to receive 
an amount equal to the amount of interest belonging to the 
university and loaned out as principal by the Auditor of State, 
as shown by the report of that officer to the General Assembly 
at the session of 1851-2 ; which shall be paid to the treasurer of 
the Board of Trustees of the university, and be applied, under 
the order of the Board of Trustees, to the discharge of the debts 
growing out of the rebuilding of the university, and to the pur- 
chase of a suitable library, philosophical apparatus therefor, or 
proper furniture, in place of those destroyed by the burning of 
the university. (R. S. 1881, § 4655; R. S. 1894, § 6154; R. S. 
1897, § 6444.) 

592. Report of sales. 24. The Board of Trustees shall, 
in their annual report, include a full statement of the amount 
of the sales of such lands, and the application of the funds 
received therefor, as reported to them, from time to time. (R. S. 
1881, §-4656; R. S. 1894, § 6155;' R. S. 1897, § 6445.) 

593. One Trustee to attend sales. 25. One member of 
the Board of Trustees, to be designated by the board, shall attend 
to the public sales of the said lands, to prevent combinations 
injurious to the interests of the university; and he shall have 
power to withdraw the said lands, or any portion thereof, from 
sale, when, in his judgment, the interests of the university would 
be thereby promoted, and shall have the power and right to 
designate and determine in what subdivisions any of the said 
lands may be sold, at the time of said public sale, for the best 



852 SCHOOL LAW OF iNDlAlTA. 

interests of the said university. (R. S. 1881, § 4657 ; R. S. 1 
§ 6156 ; R. S. 1897, § 6446.) 

594. No member to deal in the lands. 26. 'No member 
of the Board of Trustees of the university shall, either directly 
or indirectly, become the purchaser of any such lands at any 
sale made by the County Auditor, or by private entry with the 
Auditor, after any forfeiture of purchase ; and any sale made to 
any member of the said board, contrary to the provisions of this 
section, shall be absolutely void, and the purchase-money, and 
interest which may have been paid thereon, shall be forfeited to 
the university fund. (R. S. 1881, § 4658 ; R. S. 1894, § 6157 ; 
R. S. 1897, §6447.) 

595. Trustees to get information. 27. The commissioners 
of the university lands in Gibson and Monroe counties, and the 
several County Auditors and Treasurers of the counties in which 
any of the university lands are situated shall furnish such in- 
formation in relation to the lands and other property of the 
university, as may, from time to time, be required of them by 
the said Board of Trustees, and shall report, annually, the 
amount of unpaid purchase-money due on the lands sold for 
the use of the said university, in each of their counties. (R. S. 
1881, § 4659; R. S. 1894, § 6158; R. 8. 1897, § 6448.) 

[1897, p. 117. Approved March 2, 1897. In force April 14, 1897.] 

596. State Treasurer collects loan. 1. The Treasurer of 

State shall proceed at once to collect all outstanding loans be- 
longing to the permanent endowment fund of the State Univer- 
sity, located at Bloomington, which may be due, and shall 
collect all other loans belonging to said fund, as fast as they 
become due, which money, together with all other moneys that 
come into the hands of said Treasurer, belonging to said fund, 
shall be immediately apportioned by the Auditor of State pi^o 
rata among the several counties in this State, according to 
population, as ascertained by the enumeration taken and made 
in the year 1895, for legislative apportionment, and that the 
Treasurer of State, immediately thereafter, pay the same to the 
several County Treasurers, according to said apportionment 
made by the said Auditor of State, and take their receipts 



SCHOOL LAW OF INDIANA. 353 

■therefor; and semi-annuallj, on the first day of May and JSTo- 
vember of each year, the said Auditor of State shall apportion 
the amount collected during the preceding six months, and the 
Treasurer of State shall pay the same to the respective County 
Treasurers as above provided. (R. S. 1897, §6381.) 

597. County Auditors loan. 2. The said moneys so dis- 
tributed and paid to said counties, as provided by section one 
(1) of this act, shall be loaned by the Auditors of the respective 
counties in the same manner and on the same terms and condi- 
tions and under the same restrictions, subject to the same limi- 
tations, and said loans shall be again collected from the bor- 
rower, as the Common School Funds are now loaned and col- 
lected. And the said several counties shall be liable in the 
same manner and to the same extent, for the principal and 
interest of said fund, and for the payment of the same, as they 
are now liable for the payment of the interest and principal of 
the Common School Funds. (R. S. 1897, § 6382.) 

598. Auditor of State can not loan. 3. The Auditor of 
State is hereby prohibited from making any further loans from 
said fund, and all money in his hands belonging thereto shall 
be by the Auditor of State apportioned, and by the Treasurer 
of State paid to the several counties, where apportionment is 
made as provided in section one (1) of this act. (R. S. 1897, 
§6383.) 

599. Counties pay interest. 4. The several counties of 
this State shall pay the interest on said fund to the Treasurer 
of State at the same time and in the same manner as interest is 
now paid on the School Fund, and said Treasurer of State shall 
at once pay the same to the Trustees of the Indiana University, 
and take proper receipts therefor. (R. S. 1897, § 6384.) 

1. Donation. An act of 1897 permits donations by any county, city, town or 
township to any State university situated within it, not exceeding $25,000 for the 
county or city, and $10,000 for the township or town. Bonds of the county, town- 
ship, city or town may be issued for that purpose, and a tax levied to pay them. 
—Acts 1897, p. 42. 

2. Sale op Old University Site. By an act of 1897 the Trustees of Indiana 
University were empowered to sell certain land in the city of Bloomington, or 
plat and sell it, once the site of the University buildings, known as "Seminary 
Square."— Acts 1897, p. 88. 

23— ScH. Law. 



854 



SCHOOL LAW OF INDIANA. 



CHAPTER XXV. 



PUEDUE UNIVERSITY. 



Sec 




Sec 


600. 


Agricultural college scrip. 


612. 


60L 


The first Trustees, and original name. 


613. 


602. 


Sale and investment of scrip. 


614. 


603. 


Donations accepted. 


615. 


604. 


Location. 


616. 


605. 


Purdvie University — Permanent name. 


617. 


606. 


Corporate name — Powers and duties of 
Trustees. 


618. 


607. 


Dedication of street. 


619. 


608. 


Power to dedicate. 


620. 


609. 


Privileges of John Purdue. 


621. 


610. 


Amendment or repeal. 


622. 


61L 


Appointment of Trustees. 





Term of office. 
Vacancies, how filled. 
Officers — Treasurer's bond and duties. 
County students. 
Students. 

Investment of fund. 
Gift to establish Institute of Tech- 
nology. 
Farmers' Institutes. 
Time and place of holding institutes. 
Appropriation. 
Acceptance of United States grant. 



[1865, p. 106. Approved and in force March 6, 1865.] 

Agricultural college scrip. 1. The State of Indiana 
accepts and claims the benetits of the provisions of the acts of 
Congress, approved July 2, 1862, and April 14, 1864, and assents 
to all the conditions and provisions in said acts contained. li. 8. 

1881, § 4662 ; E. S. 1894, § 6167 ; R. S. 1897, § 6455.) 

1. Congressional, Legislation. The acts of Congress referred to in this 
section will be found in the acts of 1865 (p. 106), set out at length in the 
preample. 



The first Trustees, and original name. 2. The 

Governor of this State, for the time being, and Alfred Pollard 
of Gibson, Smith Vawter of Jennings, Henry Taylor of Tippe- 
canoe, and Lewis Burk of Wayne, and their successors, are 
created a body corporate, under the name of " The Trustees of 
the Indiana Agricultural College." (R. S. 1881, § 4663 ; R. S. 
1897, § 6168 ; S. S. 1897, § 6456^) 

602. Sale and investment of scrip. 5. Said Trustees 
shall, by the hand of their treasurer, claim and receive from 
the Secretary of the Interior the land scrip to which this State 
is entitled by the provisions of said acts of Congress; and, 
under their direction, said treasurer shall sell the same, in 
such manner and at such times as shall be most advantageous 



SCHOOL LAW OF INDIANA. 355 

to the State, and shall invest the proceeds thereof, and any in- 
terest that may accrue thereon, in the stocks of the United 
States, or of this State, yielding not less than five per centum 
per annum, upon the par value of the stocks; and said princi- 
pal and interest shall continue to be so invested, until further 
provision shall be made by the General Assembly of this State 
for fulfilling the requirements of said acts of Congress. (R. S. 
1881, § 4664; R. S. 1894, § 6169; R. S. 1897, § 6457.) 

[1869 S., p. 24, Approved and in force May 6, 1869.] 

603. Donations accepted. 1. The donation oftered by 
John Purdue, as set forth and communicated to the present 
General Assembly in the message of the Governor, on the six- 
teenth day of April, 1869, and the donations oifered by the 
county of Tippecanoe, the trustees of the Battle-Ground In.sti- 
tute, and the trustees of the Battle-Ground Institute of the 
Methodist Episcopal Church, as set forth and communicated to 
the General Assembly, at its last session, in the message of the 
Governor, of the twenty-seventh day of January, 1869, are 
hereby accepted by the State of Indiana. (R. S. 1881, § 4665 ; 
R. S. 1894, § 6170 ; R. S. 1897, § 6458.) 

1. The appropriation made by Tippecanoe County in 1869 was rendered valid 
by this section. Marks v. Trustees, etc., 37 Ind. 155. 

604. Location. 2. The college contemplated and provided 

by the act of Congress, approved July 2, 1862, entitled "An act 
donating public lands to the several States and Territories which 
may provide colleges for the benefit of agriculture and the me- 
chanic arts," is hereby located in Tippecanoe County, at such 
point as may be determined before the first day of January, 
1870, by a majority vote of the trustees of the Indiana Agri- 
cultural College ; and the faith of the State is hereby pledged 
that the location so made shall be permanent. (R. S. 1881, 
§ 4666 ; R. S. 1894, § 6171 ; R. S. 1897, § 6459.) 

605. Purdue Fniversity — Permanent name. 3. In con- 
sideration of said donation by John Purdue, amounting to one 
hundred and fifty thousand dollars, and of the further donation 
of one hundred acres of land appurtenant to the institution, 



356 SCHOOL LAW OF INDIANA. 

and on condition that the same be made effectual, the said in- 
stitution, from and after the date of its location as aforesaid, 
shall have the name and style of "Purdue University ;" and the 
faith of the State is hereby pledged that said name and style 
shall be the permanent designation of said institution, witliout 
addition thereto or modification thereof. (R. S. 1881, § 4667; 
R. S. 1894, § 6172 ; E. S. 1897, § 6460.) 

606. Corporate name — Powers and duties of Trustees. 

4. From and after the date of the location made as aforesaid, the 
corporate name of the Trustees of the Indiana Agricultural Col- 
lege shall be " The Trustees of Purdue University " ; and they 
shall take in charge, have, hold, possess, and manage, all and sin- 
gular, the property and moneys comprehended in said donations, 
as also the fund derived from the sale of the land scrip donated 
under said acts of Congress, and the increase thereof, and all 
moneys or other property which may hereafter at any time be 
donated to and for the use of said institution. They shall also 
have power to organize said University in conformity with the 
purposes set forth in said acts of Congress, holding their meet- 
ings at such times and places as they may agree on, a majority 
of their number constituting a quorum. They shall provide a 
seal ; have power to elect all professors and teachers, removable 
at their pleasure ; fix and regulate compensations ; do all acts 
necessary and expedient to put and keep said university in oper- 
ation ; and make all by-laws, rules, and regulations required or 
proper to conduct and manage the same. (R. S. 1881, § 4668 ; 
R. S. 1894, § 6173; R. S. 1897, § 6461.) 

1. Students Must Submit to Kules. A student is required to submit to 
any proper rule necessary for the good government of the institution. — State v. 
White, 82 Ind. 278. 

2. Qualifications for Admission. The faculty can not make membership 
of a Greek-letter fraternity or other college secret society a disqualification for 
admission. — State v. White, 82 Ind. 278. 

3. Race or Color. tStudents can not be expelled on account of race or 
color. — Corey v. Carter, 48 Ind. 327. 

[1893, p. 36. Approved and in force February 17, 1893.] 

607. Dedication of street. 1. The Trustees of Purdue 
University are hereby empowered to dedicate for a public street, 
adjoining the town of West Lafayette, Indiana, a strip of la|iid 



SCHOOL LAW OF INDIANA. 357 

thirty feet in width, and described as follows : beginning at the 
southeast corner of the lands owned by said university, and run- 
ning thence north along the east side of said university lands to 
the State road, a distance of about thirteen hundred and fifty 
feet. R. S. 1894, § 6183 ; R. S. 1897, § 6472.) 

608. Power to dedicate. 2. That the Trustees of Pur- 
due University are hereby empowered to dedicate for public 
streets such strips of lands extending through or along the 
grounds owned by said university as they may deem for the best 
interest of said university. (R. S. 1894, §6184; R. S. 1897, 
§ 6473.) 

[1869, S., p. 24. Approved and in force May 6, 1869.1 

609. Privileges of John Purdue. 5. In further considera- 
tion of his said donation, John Purdue shall, from and after the 
taking effect of this act, be added as a member of said trustees 
of the Indiana Agricultural College, and he shall also be a mem- 
ber of said trustees of Purdue University. Should he, at any 
time, cease to be such member, he shall be continued as an advis- 
ory member of said trustees ; and he shall, during his lifetime, 
have visitorial power, for the purpose of inspecting the property, 
real and personal, of said university, recommending to the trus- 
tees such measures as he may deem necessary for the good of 
the university, and investigating the financial concerns of the 
corporation. And he is authorized to make report of his exam- 
ination, inspection, and inquiries, to the General Assembly, at 
any session thereof. (R. S. 1881, § 4669 ; R. S. 1894, § 6174 ; 
R. S. 1897, § 6462.) 

610. Amendment or repeal. 6. This act shall be subject 
to future amendment or repeal, except so far as it provides for 
the acceptance of donations, the location of the college, the 
name and style thereof, and the rights and privileges conferred 
upon John Purdue. (R. 8. 1881, § 4670; R. 8. 1894, § 6175; 
R. S. 1897, § 6463.) 

[1875, p. 120. Approved March 9, 1875, and in force August 24, 1875.] 

611. Appointment of Trustees. 1. Upon the taking effect 
of this act, it shall be the duty of the Governor of this State to 
appoint six trustees for the Purdue University, two of whom 



358 * SCHOOL LAW OF INDIANA. 

shall be nominated by the State Board of Agriculture, one by 
the State Board of Horticulture, and three selected by the Gov- 
ernor himself — each of said trustees to be appointed from a 
different congressional district from the others, except that two 
may be appointed from the same congressional district in which 
said university is situate. (R. S. 1881, § 4671 ; R. S.' 1894, § 6176 ; 
E. S. 1897, § 6464.) 

612. Term of office. 2. The persons so appointed shall 
constitute the Board of Trustees of said university, and shall hold 
their offices as follows : Two members of the first board shall 
hold their offices for one year and until their successors are 
appointed ; two for two years, and two for three years ; and at 
the expiration of the term of office of any of the members of the 
first or any subsequent board, their successors shall be appointed 
in like manner, and with like nomination, as provided in this 
act, to hold their ofiBces for the term of three years, and until 
their successors are appointed. (R. S. 1881, § 4672; R. S. 1894, 
§6177; R. S. 1897, §6465.) 

613. Vacancies, how filled. 3. If, from any cause, a 
vacancy occur in said board, the same shall be filled, by appoint- 
ment, to fill the unexpired term, the person appointed to fill 
such vacancy being nominated and appointed, or appointed, in 
the same manner as his predecessor had been at the commence- 
ment of such term. (R. S. 1881, § 4673 ; R. S. 1894, § 6178 ; 
R. S. 1897, § 6466.) 

[1891, p. S4. Approved and in force February 26, 1891.] 

614. Officers — Treasurers' bond and duties. 4. Said 
trustees shall, at their first meeting after their appointment, and 
every two years thereafter, choose a president of said board ; 
and they shall, at such meeting, and every two years thereafter, 
and whenever a vacancy occurs, elect, by ballot, a secretary and 
treasurer, neither of whom shall be a member of the board 
whose compensation shall be fixed by the trustees. The said 
treasurer shall give such bond to the State of Indiana in any 
sum not less than fifty thousand dollars for the faithful execu- 
tion of his trust, with sufficient sureties as said trustees may re- 
quire ; and he shall receive, take charge of, and, under the di- 
rection of said trustees, manage all [the] stocks and funds 



SCHOOL LAW OF INDIANA. 359 

belonging to said university. (R. S. 1881, § 4674; R. S. 1894; 
§ 6179 ; ii. S. 1897, 6467.) 

[1877, S. p. 60. Approved and in force March 12, 1877.] 

615. County students. 1- The Board of Commissioners 
of each county in this State may appoint, in such manner as it 
may choose, two students, or scholars, to Purdue University, 
who shall be entitled to enter, remain, and receive instruction in 
the same,upon the same conditions, qualifications and regulations 
prescribed for other applicants for admission to, or scholars in, 
said university : Provided, however, That every student admitted 
to said university by appointment, by virtue of this act, shall in 
nowise be chargeable for room, light, heat, water, tuition, jani- 
tor or matriculation fees ; and said student shall be entitled, in 
the order of admittance, to any room in the university then 
vacant and designed for the habitation or occupancy of a stu- 
dent; and such student so admitted shall have prior right to 
any such room, subject to the rules of the university, over any 
student not appointed and admitted as aforesaid, (R. S. 1884, 
§ 4675 ; R. S. 1894, § 6180 ; R. S. 1897, § 6468.) 

616. Students. 2. ]^o more than two students at the same 
time from any one county shall be entitled to admittance to 
said university, under the provisions of this act. But the Board 
of Commissioners of each county may, from time to time, ap- 
point as aforesaid, to any vacancy in its appointments. (R. S. 
1881, § 4676; R. S. 1894, § 6181; R. S. 1897, § 6469.) 

[1881 S., p. 585. Approved and in force April 14, 1881.] 

617. Investment of fund. 1- The trustees of Purdue 
Uiiiversity, by their treasurer, are hereby authorized, on or after 
the first day of April, 1881, to surrender to the Treasurer of 
State the bond executed to sijiid university by the State of In- 
diana, bearing date April 1, 1878, and payable, in the sum of 
two hundred thousand dollars, on April 1, 1881 ; and a like 
bond executed by the State to said university, dated April 1, 
1879, and payable, in the sum of one hundred and twenty-five 
thousand dollars, on April 1, 1884; and also to pay, out of the 
proceeds of the United States five per cent, bonds now held by 
said university (which said trustees are hereby empowered to 



360 SCHOOL LAW OF INDIANA. 

sell), the sum of fifteen thousand dollars to said Treasurer of 
State ; who, thereupon, is hereby directed to issue and deliver 
to said treasurer of Purdue University a non-negotiable bond 
of the State of Indiana, to be signed by the Grovernor and State 
Treasurer, and attested by the Secretary of State and the State 
seal (the same to be dated April 1, 1881, and payable, twenty 
years after its date, to the trustees of Purdue University and 
their successors, with interest at the rate of five per cent, per 
annum, payable quarterly after date of the bond), all for the use 
of Purdue University — said bonds surrendered, and fifteen thou- 
sand dollars paid, constituting the endowment fund of said uni- 
versity derived from the gift of the United States. (R. S. 1881, 
§ 4677 ; E. S. 1894, § 6182 ; R. S. 1897, § 6470.) 

[1889, p. 351. Approved and in force March 9, 1889.] 

618. Gift to establish Institute of Technology. 1. When- 
ever any individual or individuals shall give, donate or bequeath 
a sum of money or other valuable property for the purpose of 
establishing an Institute of Technology or other special schools 
in connection with Purdue University in and on the grounds 
of said university, ihe trustees of said university are hereby 
authorized and empowered to accept such donation, gift or be- 
quest for and on behalf of the State of Indiana for such insti- 
tute on such terms as may be agreed upon by and between such 
trustees and said donor or donors or devisior [devisor] ; and the 
said trustees are hereby authorized to establish, maintain and 
operate such an institution in connection with Purdue Univer- 
sity : Provided, That such Institute of Technology shall be 
freely open to students upon the same terms upon which Purdue 
[Jniversity is open to students. And, 'provided, That nothingin 
this act shall enable or authorize said trustees to make any con- 
tract with said donor or donors by which any debts shall be 
created beyond or above current legislative appropriations to 
the university. And, provided further, That the terms upon 
which such donations are received and accepted shall not be 
effective unless the same are endorsed and approved by the Gov- 
ernor of the State of Indiana. (R. S. 1894, § 6185 ; R. S. 1897, 
§6471.) 



SCHOOL LAW OF INDIANA. 361 

[1889, p. 273. Approved March 9, 1889, and in force May 10, 1889.] 

619. Farmers' Institutes. 1. It is hereby made the duty 
of the Committee of Experimental Agriculture and Horticul- 
ture of the Board of Trustees, together with the faculty of the 
School of Agriculture of Purdue University, to appoint, before 
IsTovember 1st of each year, suitable persons to hold in the sev- 
eral counties of this State, between the 1st day of November 
and the 1st day of April of each year, county institutes for the 
purpose of giving to farmers and others interested therein in- 
struction in agriculture, horticulture, agricultural chemistry and 
economic entomology. (R. S. 1894, § 2809 ; E. S. 1897, § 2859.) 

620. Time and place of holding Institutes. 2. Such in- 
stitutes shall be held at such times and places as said committee 
and faculty may determine, and under such rules, regulations 
and methods of instruction as they may prescribe : Provided^ 
however, That such institutes shall be so conducted as to give 
those attending the results of the latest investigations in theo- 
retical and practical agriculture and horticulture. (R. S. 1894, 
§ 2810 ; R. S. 1897, § 2860.) 

621. Appropriation. 3. For the purpose of carrying out 

the provisions of this act, paying the salaries of instructors and 
other necessary expenses, the sum of five thousand dollars is 
hereby appropriated, to be expended under the direction of the 
said committee of said Board of Trustees, and they shall an- 
nually report such expenditures and the purposes thereof to the 
Oovernor. (R. S. 1894, § 2811 ; R. S. 1897, § 2861.) 

1. This appropriation is repealed after the July apportionment of 1896. 
[1891, p. 483. Approved and in force March 7, 1891.] 

622. Acceptance of United States grant. 1. Whereas, 

an act of Congress, approved August 30, 1891, entitled an act to 
apply a portion of the proceeds of the public lands to the more 
complete endowment and support of the colleges for the benefit 
of agriculture and the mechanic arts, established under the pro- 
visions of an act of Congress, approved July 2, 1862, provides, 
among other things, that the grants of moneys, authorized by 
this act, are made subject to the legislative assent of the several 
States and Territories to the purpose of said grants : Provided, 



362 



SCHOOL LAW OF INDIANA. 



That the payments of such installments of the appropriation 
herein made, as shall become due to any State before the ad- 
journment of the regular session of the Legislature meeting 
next after the passage of this act, shall be made upon the assent 
of the Grovernor thereof, duly certified to the Secretary of the 
Treasury ; therefore. 

Be it resolved by the State of Indiana, That the legislative assent 
be, and the same is hereby, given to the purpose of said grant, 
and Purdue University is hereby designated as the agricultural 
college entitled to the said grant. 



CITAPTEE XXVI. 

TAX FOR INDIANA AND PURDUE UNIVERSITIES AND STATE 
NORMAL SCHOOL. 



Sec. 

623. Amount of tax— Division. 



Sec. 
624. 



Repeal of General appropriation — Per- 
manent fund not affected. 



[1895, p. 171. Approved and in force March 8, 1895.] 

623. Amount of Tax — Bivisioi).. 1. There shall be as- 
sessed and levied upon the taxable property of the State of In- 
diana, in the year one thousand, eight hundred and ninety-five 
(1895), and in each year thereafter, for the use and benefit of 
the Indiana University, Purdue University, and the Indiana 
State ISTormal School, to be apportioned and distributed as here- 
inafter in this act provided, a tax of one-sixth (^) of one mill 
on every dollar of taxable property in Indiana, to be levied, 
assessed, collected and paid into the treasury of the State of 
Indiana in like manner as other State taxes are levied, assessed, 
collected and paid. And so much of the proceeds of said levy 
as may be in the State Treasury on the first day of July and 
the first day of January of each year, shall be immediately 
thereafter paid over to the Boards of Trustees of the respective 
institutions for which the tax was levied, to be distributed and 
apportioned among them severally upon the basis as follows, 
viz. : To the said Trustees of Indiana University upon the 
basis of one-fifteenth (1-15) of one mill; to the Trustees of 



SCHOOL LAW OF INDIANA. 363 

Purdue University upon the basis of one-twentieth (1-20) of 
one mill, and to the Trustees of the Indiana State Normal 
School upon the basis of one-twentieth (1-20) of one mill on 
every dollar of taxable property in Indiana, and the Auditor 
of State of the State of Indiana is hereby directed to draw a 
proper warrant therefor. (E. S. 1897, | 6474.) 

624. Repeal of General Appropriation — Permanent fund 
not affefcted. 2. All moneys due said institutions respect- 
ively, in accordance with any State law heretofore enacted, or 
that may hereafter be enacted, making annual appropriations 
thereto for maintenance, shall be paid to the respective institu- 
tions for the fiscal year 1895-6 and not thereafter. It being the 
intent that the moneys appropriated by the first section of this 
act shall from and after the date of the first payment thereof be 
paid in lieu of the moneys described in this section : Provided, 
That nothing in this act shall affect in any way any permanent 
fund that may belong to or may have been appropriated for 
either the Indiana University or Purdue University, named in 
this act, and that the proceeds of this tax accruing to Indiana 
University shall be used for maintenance. And ^ 'provided fur- 
ther, That no part of the school revenue for the State shall be 
deducted or set apart to the JSTormal School fund after the July 
apportionment for the year one thousand eight hundred and 
ninety-six (1896). (R. S. 1897, § 6475.) 

1. The effect of the two preceding sections is to repeal section 4556 E. S. 1881, 
after the July apportionment of 1896; and to re^aeal, after the fiscal year 1895-6, 
the appropriation of two thousand dollars provided in section 4558 E. S. 1881. 

2. These sections do not repeal sections 596 and 599, providing for an endow- 
ment fund for the State University ; but it does repeal, after the fiscal year 1895-6, 
sections 4660 and 4661 E. S. 1881, making annual appropriation for the Uni- 
versity. 



364 



SCHOOL LAAV OF INDIANA. 



CHAPTER XXVII. 

STATE LIBRARY. 



Sec 




Sec 


625. 


Management. 


637. 


626. 


Election of Librarian. 


638. 


627. 


Term of office. 


639. 


628. 


Bond of Librarian. 


640. 


629. 


Library — When to be open. 


641. 


630. 


Removal of books forbidden. 


642. 


631. 


Who may use library. 


643. 


632. 


Use not transferable— Penalty. 


644. 


633. 


Catalogue. 


645. 


634. 


Fines. 


646. 


635. 


Purchasing Board— Appropriation. 


647. 


636. 


Laws and law books. 





Collection and binding of documents. 

Preservation of laws and journals. 

Legislative papers. 

Exchanges. 

Embezzlement. 

Missing books. 

Salaries. 

Report. 

Removal of Librarian or assistants. 

Removing of books — Misdemeanor. 

Injury to books— Penalty. 



[1895 p. 234. Approved March 11, 1895. In force June 28, 1895.] 

625. Management. 1. The management and control of 
the State Library shall be vested in the State Board of Educa- 
tion, which shall constitute, for library purposes, the State 
Library Board. (R. S. 1897, § 8085.) 

626. Election of Librarian. 2. The State Library Board 
shall before the first day of April in the year of 1897, elect a 
State Librarian, whose term of ofiice shall begin April 1, 1897, 
and who shall serve until his successor is elected by the said 
State Library Board. (R. S. 1897, § 8086.) 

627. Term of office. 3. The term of ofiice of the State 
Librarian shall be two years, and he shall appoint his assistants 
by and with the advice and consent of the State Library Board. 
(R. S. 1897, § 8087.) 

628. Bond of Librarian. 4. The Librarian shall, before 
entering on his duties, give bond and security, to the acceptance 
of the Secretary of State, in the penal sum of two thousand 
dollars ; which bond shall be filed in the office of the Secretary 
of State. (R. S. 1897, § 8088.) 

629. Library— When to be open. 5. The library shall be 
kept open every day (Sunday, Fourth of July and other legal 
holidays excepted) during the session of the Legislature from 



SCHOOL LAW OF INDIANA. 365 

nine o'clock until six, and, during the recess, from nine o'clock 
until four. (R. S. 1897, § 8089.) 

630. Removal of books forbidden. 6. The State Libra- 
rian shall not permit any book, magazine, or work of any kind, 
to be taken from the library rooms, except temporarily, by the 
Judges of the Supreme Court of the State of Indiana, of the 
United States Court, officers of the State, members and officers 
of the General Assembly, when required in the discharge of 
their official duties. But in no case shall any such book, maga- 
zine or work, be taken outside of the Capitol building. (R. S. 
1897, § 8090.) 

631. Who may use library. 7. Said library shall be for 
the use of the members and officers of the Legislature, all State 
officers, judges of the courts of the United States and of this 
State, attorneys, editors, clergymen, physicians, professors, and 
teachers in literary or scientific institutions. Superintendent of 
Public Instruction, members of the State Board of Agriculture, 
officers of benevolent institutions. Clerk of the Supreme Court, 
County Clerks, Treasurers and Recorders, and all other persons 
who have been at any time entitled, by law, to the use of such 
library, and such strangers as the Librarian may be willing to 
intrust with books at his own risk, when any of them shall be 
at the seat of government. (R. S. 1897, § 8091.) 

632. Use not transferable — Penalty 8. It shall not be 
lawful for any one having the use of the library to cause or per- 
mit another not having such use to draw books, except for the 
use of the persons first mentioned. Any person so oft'ending 
shall be liable to a penalty of five dollars for each offense. (R, 
S. 1897, § 8092.) 

633. Catalogue. 9. The Librarian shall keep proper books, 
in which he shall make entry of all books taken out, designat- 
ing the names of the individuals taking the same ; also, of books 
returned, and of all fines and penalties assessed and collected 
under the provisions of this act. He shall also keep a complete 
catalogue of the library, and shall, from time to time, add 
thereto all books purchased, and erase therefrom all books lost 
or destroyed. (R. S. 1897, § 8093 ) 



366 SCHOOL LAAV OF INDIANA. 

634. Fines. 10. The Librarian shall collect all fines and 
forfeitures accruing to the State Library, by suit or otherwise, 
and pay the same to the Treasurer of State, taking his receipt, 
and filing the same in the ofiice of the Auditor of State, who 
shall charge the same to account of Treasurer of State, for the 
use of library. (E. S. 1897, § 8094.) 

635. Purchasing Board — Appropriation. 11. The State 
Library Board shall be, and is hereby, constituted the Purchas- 
ing Board of the State Library. The State Librarian shall act 
as secretary of said Board and preserve minutes of their meet- 
ings and their ofiicial actions. Any three members of said 
Board shall constitute a quorum for the transaction of businesSo 
It shall be the duty of said Purchasing Board to decide what 
books, maps, charts and other instruments of knowledge shall 
be purchased for said library ; to supervise and direct the ex- 
penditure of all appropriations for the purchase and binding 
of books, and to report biennially to the Legislature the condi- 
tion and wants of the library. It shall not be lawful for the 
Libra,rian to make any purchase of books, maps, charts or any 
other instruments of knowledge, except on the direction of said 
Purchasing Board. There is hereby appropriated, to be paid 
out of the general fund of the State Treasury, the sum of one 
thousand dollars annually, to be expended during the year be- 
ginning April 1, 1895, for the purchase and binding of books 
for the State Library. (R. S. 1897, § 8095.) 

636. Laws and law books. 12. All laws and law books 
and all legislative journals and documents shall be kept sepa- 
rate from the rest of the library. (R. S. 1897, §8096.) 

637. Collection and binding of documents. 13. The Li- 
brarian shall collect annually and preserve duplicate copies of 
the messages of the President of the United States and of the 
Governors of the States ; report of heads of 'departments of the 
general and State governments, of the committee of ways and 
means of the several States, and of the committees of Congress 
on general subjects ; also copies of the reports and proceedings 
of public societies for the promotion of agriculture, the mechanic 
arts, history and literature, all of which may be bound. (R. S. 
1897, § 8097.) 



SCHOOL LAW OF INDIANA. 3(37 

638. Preservation of laws and journals. 14. The Li- 
brarian shall select from the journals and laws belonging to the 
State twenty copies of the journals of the House for each year, 
ten copies of the journals of the Senate, ten copies of the doc- 
umentary journals, thirty copies of the general laws and fifteen 
copies of the local laws for each year, and keep the same for 
use in the library ; and shall carefully preserve, in books or 
otherwise, all remaining copies of the same. (R. S. 1897, 
§ 8098.) 

639. Legislative papers. 15. The Librarian shall have 
charge of the legislative papers, which shall be delivered to 
him at the close of each session, by the Secretary of the Senate 
and the Clerk of the House, and shall keep in good order all 
bills introduced in either branch of the General Assembly, all 
petitions, memorials and remonstrances, each in its appropriate 
files, keeping the files of each house separately. (R. S. 1897, 
§ 8099.) 

640. Exchanges. 16. The Librarian may exchange, for 
the benefit of the State Library, any duplicate, imperfect, dam- 
aged or other work not wanted for use in the library. The li- 
brarian may also, with the consent of the State Library Board, 
sell such works for the benefit of the State Library. The 
Librarian shall keep an accurate account of all exchanges and 
sales, stating what books have been parted with and what re- 
ceived, what sold and for what price, and report the same to 
the Legislature at each session. He shall be charged and ac- 
count for all books received in exchange and all moneys re- 
ceived for sales. (R. S. 1897, § 8100.) 

641. Embezzlement. 17. If the Librarian shall appro- 
priate to his own use or dispose of any of the books in the law 
or any other department of the State Library, or the proceeds 
of any exchanges or sales of books, or knowingly make any 
false reports thereof, contrary to the provisions of this act or 
the act to which it is an amendment, he shall be deemed guilty 
of a misdemeanor and fined not less than five nor more than 
one thousand dollars, and shall forfeit and be deprived of his 
office. (R. S. 1897, § 8101.) 



368 SCHOOL LAW OF INDIANA. 

642. Missing books. 18. It shall be the duty of the li- 
hrarian, in liis annual report, to report the names of those who 
have obtained books from the library during the current year 
and have not returned them, and also the titles of the works 
not returned. (R. S. 1897, § 8102.) 

643. Salaries. 19. The salary of the State Librarian shall 
be fifteen hundred dollars per year. He shall appoint two as- 
sistants ; the salary of the first assistant shall be eleven hundred 
dollars per year, and the salary of the second assistant shall be 
nine hundred dollars per year, and one janitor, whose salary 
shall not exceed six hundred dollars. (R. S. 1897, § 8103.) 

644. Report. 20. The Librarian shall report, at each ses- 
sion of the Legislature, the condition of the library, and a 
statement, by items, of expenditures made under this act. (R. 
S. 1897, § 8104.) 

645. Removal of Librarian or assistants. 21. The State 
Library Board shall have the power to remove, for cause, at any 
time, the State Librarian or any assistant employed in the 
library or any assistant employed in the Librarian's ofiice. 
(R. S. 1897, § 8105.) 

646. Removing books— Misdemeanor. 22. Any person 
guilty of a violation of the provisions of the preceding sections 
shall be deemed guilty of a misdemeanor, and shall, upon con- 
viction thereof, be fined in the sum of twenty-five dollars. (R. 

S. 1897, § 8106.) 

647. Injury to books— Penalty. 23. Any person injuring 
a book shall be liable for three-fold damage ; and if the book 
injured or lost be one volume of a set he shall be liable for the 
whole set, but on paying for the same he may take the broken 

set. (R. S. 1897, § 8107.) 
I 

I 1. Note. For traveling libraries see Sections 270 to 280. 



APPENDIX. 

CONSTITUTION OF THE STATE OF INDIANA. 

1851. 



HISTORICAL SKETCH. 



By an act of Congress, dated April 19, 1816, the inhabitants 
of the Territory of Indiana were authorized to form for them- 
selves a Constitution and State Government, which State, when 
formed, should be admitted into the Union upon the same foot- 
ing with the original States. 

Under this act, the members of the convention were elected 
on the second Monday of May, 181-6, met in convention, at 
Corydon, on the second Monday of June, 1816, and proceeded 
at once to form the Constitution, by the authority of Congress, 
without an ordinance of the Territory. 

The Constitution was completed on the twenty-ninth of 
June, 1816, unanimously adopted by the members of the con- 
vention — forty-three in number, and signed by all except one 
member from Clark County and one member from Warrick 
County. The Constitution went into effect upon "its adoption 
by the members of the convention which formed it. The first 
session of the G-eneral Assembly, held by its authority, met at 
Corydon on the first Monday of JSTovember, 1816. The Consti- 
tution of 1816 remained in force, without amendment, until the 
first day of ITovember, 1851. 

24— ScH. Law. (369) 



370 APPENDIX. 

An act was passed January 15, 1849, ''to provide for taking 
the sense of the qualified voters of the State on the calling of a 
convention to alter, amend, or revise the Constitution of this 
State." At an election held under authority of this act a large 
majority of all the votes cast was in favor of holding the con- 
vention. 

On the 18th day of January, 1850, the Legislature passed an 
act to provide for a convention of the people of the State of 
Indiana, "to revise, amend, or alter the Constitution of said 
State." By the authority of this act delegates were elected. 
They assembled in convention at the Capitol, in the city of 
Indianapolis, on the first Monday in October, 1850, and com- 
pleted their labors on the 10th day of February, 1851. This 
Constitution was ratified by the votes of the people. 

The first amendment to this Constitution was ratified Febru- 
ary 18, 1873, and related to the Wabash and Erie Canal. Other 
amendments were made March 14, 1881. 



PREAMBLE. 



To the end that justice be established, public order maintained, 
and liberty perpetuated : We, the people of the State of 
Indiana, grateful to Almighty God for the free exercise of the 
right to choose our own form of government, do ordain this 
Constitution. 

ARTICLE I. 

BILL OF EIGHTS. 

Section 1. We declare that all men are created equal ; that 
they are endowed by their Creator with certain unalienable 
rights ; that among these are life, liberty, and the pursuit of 
happiness ; that all power is inherent in the people ; and that 
all free governments are, and of right ought to be, founded on 
their authority, and instituted for their peace, safety, and well 
being. For the advancement of these ends, the people have 
at all times an indefeasible right to alter and reform their gov- 
ernment. 



CONSTITUTION OF THE STATE. 371 

Sec. 2. All men shall be secured in their natural right to 
worship Almighty God according to the dictates of their own 
consciences. 

Sec 3. 'No law shall, in any case whatever, control the free 
exercise and enjoyment of religious opinions, or interfere with 
the rights of conscience. 

Sec. 4. No preference shall be given, by law, to any creed, 
religious society or mode of worship ; and no man shall be 
compelled to attend, erect or support any place of worship, or 
to maintain any ministry against his consent. 

Sec. 5. No religious test shall be required as a qualification 
for any office of trust or profit. 

Sec. 6. ISTo money shall be draw^n from the treasury for the 
benefit of any religious or theological institution. 

Sec 7. JSTo person shall be rendered incompetent as a wit- 
ness, in consequence of his opinion on matters of religion. 

Sec 8. The mode of administering an oath or affirmation 
shall be such as may be most consistent with, and binding upon, 
the conscience of the person to whom such oath or affirmation 
may be administered. 

Sec 9. l!^o law shall be passed restraining the free inter- 
change of thought and opinion, or restricting the right to speak, 
write, or print, freely, on any subject whatever; but for the 
abuse of that right every person shall be responsible. 

Sec 10. In all prosecutions for libel, the truth of the matters 
alleged to be libelous may be given in justification. 

Sec 11. The right of the people to be secure in their per- 
sons, houses, papers and 'effects, against unreasonable search or 
seizure shall not be violated, and no warrant shall issue, but 
upon probable cause, supported by oath or affirmation, and par- 
ticularly describing the place to be searched, and the person or 
thing to be seized. 

Sec 12. All courts shall be open; and every man, for injury 
done to him, in his person, property or reputation, shall have 



372 APPENDIX. 

remedy by due. course of law. Justice sliall be administered 
freely and without purchase; completely, and without denial; 
speedily, and without delay. 

Sec. 13. In all criminal prosecutions the accused shall have 
the right to a public trial, by an impartial jury in the county in 
which the offense shall have been committed; to be heard by 
himself and counsel ; to demand the nature and cause of the 
accusation against him, and to have a copy thereof; to meet 
the witnesses face to face, and to have compulsory process for 
obtaining witnesses in his favor. 

Sec. 14. 'No person shall be put in jeopardy twice for the 
same offense. No person, in any criminal prosecution, shall be 
compelled to testify against himself. 

Sec. 15. No person arrested, or confined in jail, shall be 
treated with unnecessary rigor. 

Sec. 16. Excessive bail shall not be required. Excessive 
fines shall not be imposed. Cruel and unusual punishment 
shall not be inflicted. All penalties shall be proportioned to 
the nature of the offense. 

Sec. 17. Offenses, other than murder or treason, shall be 
bailable by suflicient sureties. Murder or treason shall not be 
bailable when the proof is evident, or the presumption strong. 

Sec. 18. The penal code shall be founded on the principles 
of reformation, and not of vindictive justice. 

Sec. 19. In all criminal cases whatever, the jury shall have 
the right to determine the law and the facts. 

Sec 20. In all civil cases the right of trial by jury shall re- 
main inviolate. 

Sec 21. IS'o man's particular services shall be demanded 
without just compensation. ISTo man's property shall be taken 
by law without just compensation ; nor, except in case of the 
State, without such compensation first assessed and tendered. 

Sec 22. The privilege of the debtor to enjoy the necessary 
comforts of life, shall be recognized by wholesome laws, ex- 
empting a reasonable amount of property from seizure or sale 



CONSTITUTION OF THE STATE. 373 

for the payment of any debt or liability hereafter contracted ; 
and there shall be no imprisonment for debt, except in case of 
fraud. 

Sec. 23. The General Assembly shall not grant to any citi- 
zen, or class of citizens, privileges or immunities which, upon 
the same terms, shall not equally belong to all citizens. 

Sec. 24. IsTo ex post facto law, or law impairing the obliga- 
tion of contract, shall ever be passed. 

Sec. 25. Ko law shall be passed, the taking effect of which 
shall be made to depend upon any authority, except as provided 
in this Constitution. 

Sec. 26. The operation of the laws shall never be suspended, 
except by the authority of the General Assembly. 

Sec. .27. The privileges of the writ of habeas corpus shall 
not be suspended, except in case of rebellion or invasion, and 
then only if the public safety demand it. 

Sec. 28. Treason against the State shall consist only in levy- 
ing war against it, and giving aid and comfort to its enemies. 

Sec. 29. ^o person shall be convicted of treason, except on 
the testimony of two witnesses to the same overt act, or upon 
his confession in open court. 

Sec. 30. ISo conviction shall work corruption of blood or 
forfeiture of estate. 

Sec. 31. IN'o law shall restrain any of the inhabitants of the 
State from assembling together, in a peaceable manner, to con- 
sult for their common good ; nor from instructing their repre- 
sentatives; nor fronl applying to the General Assembly for 
redress of grievances. 

Sec. 32. The people shall have a right to bear arms for the 
defense of themselves and the State. 

Sec. 33. The military shall be kept in strict subordination 
to the civil power. 



374 APPENDIX. 

Sec. 34. JSTo soldier shall, in time of peace, be quartered in 
any house without the consent of the owner; nor in time of 
war but in a manner to be prescribed by law. 

Sec. 35. The G-eneral Assembly shall not grant any title of 
nobility, nor confer hereditary distinctions. 

Sec. 36. Emigration from the State shall not be prohibited. 

Sec. 37. There shall be neither slavery nor involuntary servi- 
tude, within the State, otherwise than for the punishment of 
crime, whereof the party shall have been duly convicted. No 
indenture of any negro or mulatto, made or executed out of the 
bounds of the State, shall be valid within the State. 

ARTICLE II. 

SUFFRAGE AND ELECTION. 

Section 1. All elections shall be free and equal. 

Sec. 2. In all elections not otherwise provided for by this 
Constitution, every male citizen of the United States, of the 
age of twenty-one years and upwards, who shall have resided 
in the State during the six months, and in the township sixty 
days, and in the ward or precinct thirty days immediately pre- 
ceding such election ; and every male of foreign birth, of the 
age of twenty-one years and upwards, who shall have resided 
in the United States one year, and shall have resided in this 
State during the six months, and in the township sixty days, 
and in the ward or precinct thirty days, immediately preceding 
such election, and shall have declared his intention to become a 
citizen of the United States, conformably to the laws of the 
United States on the subject of naturalization, shall be entitled 
to vote in the township or precinct where he may reside, if he 
shall have been duly registered according to law. 

Sec. 3. No soldier, seaman or marine, in the array or navy 
of the United States, or their allies, shall be deemed to have 
acquired a residence in this State in consequence of having 
been stationed within the same; nor shall any such soldier, sea- 
man or marine, have the right to vote. 



CONSTITUTION OF THE STATE. 375 

Sec. 4. 'No person shall be deemed to have lost his residence 
in the State by reason of his absence either on business of the 
State or of the United States. 

Sec. 5. [Stricken out by constitutional amendment of March 
24, 1881.] 

Sec. 6. Every person shall be disqualified from holding office 
during the term for which he may have been elected, who shall 
have given or oifered a bribe, threat or reward to procure his 
election. 

Sec. 7. Every person who shall give or accept a challenge 
to fight a duel, or who shall knowingly carry to another person 
such challenge, or who shall agree to go out of the State to 
fight a duel, shall be ineligible to any office of trust or profit. 

Sec 8. The General Assembly shall have power to deprive 
of the right of suftrage, and to render ineligible any person 
convicted of an infamous crime. 

Sec 9. No person holding a lucrative office or appointment, 
under the United States, or under this State, shall be eligible to 
a seat in the General Assembly; nor shall any person hold 
more than one lucrative office at the same time, except as in 
this Constitution expressly permitted : Provided, That offices in 
the militia, to which there is attached no annual salary, and the 
office of Deputy Postmaster, where the compensation does not 
exceed ninety dollars per annum, shall not be deemed lucrative ^ 
A7id jwovided, also, That counties containing less than one thou- 
sand polls may confer the office of Clerk, Recorder and Auditor, 
or any two of said offices, upon the same person. 

Sec 10. No person who may hereafter be a collector or 
holder of public moneys, shall be eligible to any office of trust 
or profit until he shall have accounted for and paid over, ac- 
cording to law, all sums for which he may be liable. 

Sec 11. In all cases in which it is provided that an office 
shall not be filled by the same person more than a certain num- 
ber of years continuously, an appointment pro tempore shall not 
be reckoned a part of that term. 



376 APPENDIX. 

Sec. 12. In all cases, except treason, felony and breach of 
tlie peace, electors sliall be free from arrest in going to elec- 
tions, during their attendance there, and in returning from the 
same. 

Sec. 13. All elections by the people shall be by ballot ; and 
all elections by the General Assembly, or by either branch 
thereof, shall be viva voce. 

Sec. 14. All general elections shall be held on the first Tiies- 
day after the first Monday in ISTovember ; but township elections 
may be held at such time as may be provided by law : Provided, 
That the General Assembly may 2:)rovide by law for the election 
of all judges of courts of general or appellate jurisdiction, by 
an election to be held for such ofiicers only, at which time no 
other officer shall be voted for; and shall also provide for the 
registration of all persons entitled to vote. 

ARTICLE III. 

DISTRIBUTION OF POWERS. 

Section 1. The powers of the Government are divided into 
three separate departments : the Legislative, the Executive (in- 
cluding the Administrative), and the Judicial; and no person 
charged with official duties under one of these departments 
shall exercise any of the functions of another except as in this 
Constitution expressly provided. 

ARTICLE IV. 

legislative. 

Section 1. The Legislative authority of the State shall be 
vested in a General Assembly, which shall consist of a Senate 
and House of Representatives. The style of every law shall 
be, "Be it enacted by the General Assembly of the State of 
Indiana;" and no law shall be enacted except by bill. 

Sec. 2. The Senate shall not exceed fifty, nor the House of 
Representatives one hundred members ; and they shall be 



CONSTITUTION OF THE STATE. 377 

claoseu by the electors of the respective counties or districts 
into which the State may, from time to time, he divided. 

Sec. 3. Senators shall be elected for the term of four years, 
and Representatives for the term of two years, from the day 
next after their general election : Provided, however, That the 
Senators elect, at the second meeting of the General Assembly 
under this Constitution, shall be divided, by lot, into two equal 
classes, as nearly as may be ; and the seats of Senators of the 
first class shall be vacated at the expiration of two years, and 
those of the second class at the expiration of four years ; so 
that one-half, as nearly as possible, shall be chosen biennially 
forever thereafter. And in case of increase in the number of 
Senators, they shall be so annexed by lot, to the one or the 
other of the two classes, as to keep them as nearly equal as 
practicable. 

Sec. 4. The General Assembly shall, at its second session 
after the adoption of this Constitution, and every sixth year 
thereafter, cause an enumeration to be made of all the male 
inhabitants over the age of twenty-one years. 

Sec. 5. The number of Senators and Representatives shall, 
at the session next following each period of making such enu- 
meration, be fixed by law, and apportioned among the several 
counties, according to the number of male inhabitants, above 
twenty-one years of age, in each : Provided, That the first and 
second elections of members of the General Assembly, under 
this Constitution, shall be according to the apportionment last 
made by the General Assembly before the adoption of this 
Constitution. 

Sec. 6. A Senatorial or Representative district, where more 
than one county shall constitute a district, shall be composed 
of contiguous counties ; and no county, for Senatorial appor- 
tionment, shall ever be divided. 

Sec. 7. ISTo person shall be a Senator or a Representative, 
who, at the time of his election, is not a citizen of the United 
States ; nor any one who has not been, for two years next pre- 
ceding his election, an inhabitant of this State, and for one 
year next preceding his election, an inhabitant of the county or 



378 APPENDIX. 

district whence lie may be chosen. Senators shall be at least 
twenty-five, and Representatives at least twenty-one years of 



Sec. 8. Senators and Representatives, in all cases except 
treason, felony, and breach of the peace, shall be privileged 
from arrest during the session of the General Assembly, and in 
going to and returning from the same; and shall not be subject 
to any civil process during the session of the General Assem- 
bly, nor during the fifteen days next before the commencement 
thereof. For any speech or debate in either House, a member 
shall not be questioned in any other place. 

Sec. 9. The sessions of the General Assembly shall be held 
biennially, at the capital of the State, commencing on the 
Thursday next after the first Monday of January, in the year 
one thousand eight hundred and fifty-three, and on the same 
day of every second year thereafter, unless a different day or 
place shall have been appointed by law. But if, in the opinion 
of the Governor, the public welfare shall require it, he may, at 
any time, by proclamation, call a special session. 

Sec. 10. Each House, when assembled, shall choose its own 
ofiicers (the President of the Senate excepted), judge the elec- 
tions, qualifications and returns of its own members, determine 
its rules of proceeding, and sit upon its own adjournment. But 
neither House shall, without the consent of the other, adjourn 
for more than three days, nor to any place other than that in 
which it may be sitting. 

Sec. 11. Two-thirds of each House shall constitute a quorum 
to do business ; but a smaller number may meet, adjourn from 
day to day, and compel the attendance of absent members. A 
quorum being in attendance, if either House fail to efiiect an 
organization within the first five days thereafter, the members 
of the House so failing shall be entitled to no compensation 
from the end of the said five days, until an organization shall 
have been effected. 

Sec 12. Each House shall keep a journal of its proceedings,, 
and publish the same. The yeas and nays, on any question, 
shall, at the request of any two membera. be entered, together 



CONSTITUTION OF THE STATE. 379 

with the names of the members demanding the same, on the 
journal : Provided, That on a motion to adjourn, it shall require 
one-tenth of the members present to order the yeas and nays. 

Sec. 13. The doors of each House, and of Committees of the 
Whole, shall be kept open, except in such cases as, in the opin- 
ion of either House, may require secrecy. 

SeCo 14. Either House may punish its members for disor- 
derly behavior, and may, with the concurrence of two-thirds, 
expel a member ; but not a second time for the same cause. 

Sec 15. Either House, during its session, may punish, by 
imprisonment, any person not a member, who shall have been 
guilty of disrespect to the House, by disorderly or contemptu- 
ous behavior in its presence ; but such imprisonment shall not, 
at any time, exceed twenty-four hours. 

Sec. 16. Each House shall have all powers necessary for a 
branch of the legislative department of a free and independent 

State. 

Sec. 17. Bills may originate in either House, but may be 
amended or rejected in the other, except that bills for raising 
revenue shall originate in the House of EepresentativeSo 

Sec. 18. Every bill shall be read by sections, on three several 
days in each House ; unless, in case of emergency, two-thirds 
of the House where such bill may be depending shall, by a vote 
of yeas and nays, deem it expedient to dispense with this rule; 
but the reading of a bill by sections, on its final passage, shall 
in no case be dispensed with ; and the vote on the passage of 
every bill or joint resolution shall be taken by yeas and nays. 

Sec. 19. Every act shall embrace but one subject, and mat- 
ters properly connected therewith; which subject shall be ex- 
pressed in the title. But if any subject shall be embraced in 
an act, which shall not be expressed in the title, such act shall 
be void only as to so much thereof as shall not be expressed in 
the title. 

Sec. 20. Every act and joint resolution shall be plainly 
worded, avoiding, as far as practicable, the use of technical 
terms. 



■ 380 APPENDIX. 

Sec. 21. 'No act shall ever be revised or amended by mere 
reference to its title ; but the act revised, or section amended, 
shall be set forth and published at full length. 

Sec. 22. The General Assembly shall not pass local or special 
laws in any of the following enumerated cases, that is to say : 

Regulating the jurisdiction and duties of justices of the peace 
and of constables ; 

For the punishment of crimes and misdemeanors ; 

Regulating the practice in courts of justice; 

Providing for changing the venue in civil and criminal cases ; 

Granting divorces ; 

Changing the names of persons ; 

For laying out, opening and working on, highways, and for 
the election or appointment of supervisors ; 

Vacating roads, town plats, streets, allej^s and public squares; 

Summoning and impanneling grand and petit juries, and pro- 
viding for their compensation ; 

Regulating county and township business ; 

Regulating the election of county and township officers, and 
their compensation ; 

For the assessment and collection of taxes for State, county, 
township or road purposes ; 

Providing for supporting common schools, and for the preser- 
vation of school funds ; 

In relation to fees or salaries ; except that the laws may be so 
made as to grade the compensation of officers in proj3ortion to 
the population and the necessary services required ; 

In relation to interest on money ; 

Providing for opening and conducting elections of State, 
county or township officers, and designating the places of vot- 
ing ; 



CONSTITUTION OF THE STATE. 381 

Providing for the sale of real estate belonging to minors, or 
Other persons laboring under legal disabilities, by executors, ad- 
ministrators, guardians or trustees. 

Sec. 23. In all the cases enumerated in the preceding section, 
and in all other cases where a general law can be made appli- 
cable, all laws shall be general and of uniform operation 
throughout the State. 

Sec. 24. Provisions may be made by general law, for bring- 
ing suits against the State, as to all liabilities originating after 
the adoption of this Constitution ; but no special act authoriz- 
ing such suit to be brought, or making compensation to any 
person claiming damages against the State, shall ever be passed. 

Sec. 25. A majority of all the members elected to each 
House shall be necessary to pass every bill or joint resolution; 
and all bills and joint resolutions so passed shall be signed by 
the presiding officers of the respective houses. 

Sec. 26. Any member of either Hous'e shall have the right 
to protest, and to have his protest, with his reasons for dissent, 
entered on the journal. 

Sec. 27. Every statute shall be a public law, unless otherwise 
declared in the statute itself. 

Sec. 28. ^o act shall take effect until the same shall have 
been published and circulated in the several counties of this 
State, by authority, except in case of emergency; which emer- 
gency shall be declared in the preamble or in the body of the 
law. 

Sec. 29. The members of the General Assembly shall receive 
for their services a compensation, to be fixed by law ; but no in- 
crease of compensation shall take effect during the session at 
which such increase may be made. Ko session of the General 
Assembly, except the first under this Constitution, shall extend 
beyond the term of sixty-one days, nor any special session be- 
yond the term of forty days. 

Sec. 30. l^o Senator or Eepresentative shall, during the term 
for which he may have been elected, be eligible to any office, 



382 APPENDIX. 

the election to which is vested in the General Assembly, nor 
shall he be appointed to any civil office of profit, which shall 
have been created, or the emolnments of which shall have been 
increased, during such term; but this latter provision shall not 
be construed to apply to any office elective by the people. 



ARTICLE Y. 

EXECUTIVE. 

Section 1. The executive powers of the State shall be vested 
in a Governor. He shall hold his office during four years, and 
shall not be eligible more than four years in any period of 
eight years. 

Sec. 2. There shall be a Lieutenant-Governor, who shall 
hold his ofiice during four years. 

Sec, 3, The Governor and Lieutenant-Governor shall be 
elected at the times and places of choosing members of the 
General Assembly. 

Sec. 4. In voting for Governor and Lieutenant-Governor 
the electors shall designate for whom they vote as Governor, 
and for whom as Lieutenant-Governor. The returns of every 
election for Governor and Lieutenant-Governor shall be sealed 
up and transmitted to the seat of government, directed to the 
Speaker of the House of Representatives, who shall open and 
publish them in the presence of both Houses of the General 
Assembly. 

Sec. 5. The persons, respectively, having the highest num- 
ber of votes for Governor and Lieutenant-Governor, shall be 
elected ; but in case two or more persons shall have an equal 
and the highest number of votes for either office, the General 
Assembly shall, by joint vote, forthwith proceed to elect one 
of the said persons Governor or Lieutenant-Governor, as the 
case may be. 

Sec 6. Contested elections for Governor or Lieutenant-Gov- 
ernor shall be determined by the General Assembly, in such 
manner as may be prescribed by law. 



CONSTITUTIOSr OF THE STATE. 383 

Sec. 7. ]^o person shall be eligible to the office of Governor 
or Lieutenant-Governor, who shall not have been five years a 
citizen of the United States, and also a resident of the State of 
Indiana during the five years next preceding his election ; nor 
shall any person be eligible to either of the said offices who 
shall not have attained the age of thirty years. 

Sec. 8. l^o member of Congress, or person holding any office 
under the United States, or under this State, shall fill the office 
of Governor or Lieutenant-Governor. 

Sec. 9. The official term of the Governor or Lieutenant-Gov- 
ernor shall commence on the second Monday of January, in the 
year one thousand, eight hundred and fifty-three ; and on the 
same day every fourth year thereafter. 

Sec. 10. In case of the removal of the Governor from office, 
or of his death, resignation or inability to discharge the duties 
of the office, the same shall devolve on the Lieutenant-Governor ; 
and the General Assembly shall, by law, provide for the case of 
removal from office, death, resignation, or inability, both of the 
Governor and Lieutenant-Governor, declaring what officer then 
shall act as Governor; and such officer shall act accordingly un- 
til the disability be removed or a Governor be elected. 

Sec. 11. Whenever the Lieutenant-Governor shall act as 
Governor, or shall be unable to attend as President of the Senate, 
the Senate shall elect one of its own members as President for 
the occasion. 

Sec. 12. The Governor shall be commander-in-chief of the 
military and naval forces, and may call out such forces to execute 
the laws, or to suppress insurrection, or to repel invasion. 

Sec. 13. He shall, from time to time, give to the General As- 
sembly information touching the condition of the State, and rec- 
ommend such measures as he shall judge to be expedient. 

Sec. 14. Every bill which shall have passed the General As- 
sembly shall be presented to the Governor ; if he approve, he 
shall sign it, but if not, he shall return it, with his objections, to 
the House in which it shall have originated, which House shall 
enter the objections at large upon its journals and proceed to 



384 APPENDIX. 

reconsider tlie bill. If, after sucli reconsideration, a majority of 
all tlie members elected to.that House shall agree to pass the bill, 
it shall be sent, with the Governor's objections, to the other House, 
by which it shall likewise be reconsidered, and if approved by a 
majority of all the members elected to that House, it shall be a 
law. If any bill shall not be returned by the Governor within 
three days, Sundays excepted, after it shall have been presented 
to him, it shall be a law without his signature, unless the general 
adjournment shall prevent its return, in which ease it shall be a 
law unless the Governor, within five days next after such ad- 
journment, shall file such bill, with his objections thereto, in the 
ofiice of the Secretary of State, who shall lay the same before the 
General Assembly at its next session in like manner as if it had 
been returned by the Governor. But no bill shall be presented 
to the Governor within two days next previous to the final ad- 
journment of the General Assembly. 

Sec. 15. The Governor shall transact all necessary business 
with the officers of Government, and may require any informa- 
tion in writing from the officers of the administrative depart- 
ment, upon any subject relating to the duties of their respective 
offices. 

Sec. 16. He shall take care that the laws be faithfully 
executed. 

Sec. 17. He shall have the power to grant reprieves, com- 
mutations and pardons, after conviction, for all offenses except 
treason and cases of impeachment, subject to such regulations 
as may be provided by law. Upon conviction for treason, he 
shall have power to suspend the execution of the sentence until 
the case shall be reported to the General Assembly at its next 
meeting, when the General Assembly shall either grant a pardon, 
commute the sentence, direct the execution of the sentence, or 
grant a further reprieve. He shall have power to remit fines 
and forfeitures, under such regulations as may be prescribed by 
law, and shall report to the General Assembly, at its next meet- 
ing, each case of reprieve, commutation, or pardon granted, and 
also the names of all persons in whose favor remission of fines 
and forfeitures shall have been made, and the several amounts 
remitted : Provided, however, That the General Assembly may, 



COiifSMTUTiON OE* THE STATE. 385 

by law, constitute a council, to be composed of officers of State, 
without wliose advice and consent the Governor shall not have 
power to grant pardons, in any case, except such as may, by law, 
be left to his sole power. 

Sec. 18. "When, during a recess of the General Assembly, a 
vacancy shall happen in any office, the appointment to which is 
vested in the General Assembly, or when, at any time, a va- 
cancy shall have occurred in any other State' office, or in the 
office of Judge of any court, the Governor shall fill such va- 
cancy by appointment, which shall expire when a successor shall 
have been elected and qualified. 

Sec. 19. Ha shall issue writs of election to fill such vacan- 
cies as may have occurred in the General Assembly. 

Sec. 20. Should the seat of Government become dano:erous 
from disease or a common enemy, he may convene the General 
Assembly at any other place. 

Sec. 21. The Lieutenant-Governor shall, by virtue of his 
office, be President of the Senate ; have a right, when in Com- 
mittee of the Whole, to join in debate, and to vote on all sub- 
jects, and, whenever the Senate shall be equally divided, he shall 
give the casting vote. 

Sec. 22. The Governor shall, at stated times, receive for his 
services a compensation which shall neither be increased nor 
diminished during the term for which he shall have been 
elected. 

Sec. 23. The Lieutenant-Governor, while he shall act as 
President of the Senate, shall r'eceive for his services the same 
compensation as the Speaker of the House of Representatives; 
and any person acting as Governor shall receive the compensa- 
tion attached to the office of Governor. 

Sec. 24. I*^either the Governor nor Lieutenant-Governor 
shall be eligible to any other office during the term for which 
he shall have been elected. 



25 — ScH. Law. 



3^6 At'PBlJDlX. 

ARTICLE VI. 

ADMINISTRATIVE. 

Section 1. There shall be elected by the voters of the State, 
a Secretary, an Auditor, and a Treasurer of State, who shall 
severally hold their offices for two years. They shall perform 
such duties as may be enjoined by law ; and no person shall be 
eligible to either of said offices more than four years in any 
period of six years. 

Sec. 2. There shall be elected in each county, by the voters 
thereof, at the time of holding general elections, a Clerk of the 
Circuit Court, Auditor, Recorder, Treasurer, Sheriff, Coroner 
and Surveyor. The Clerk, Auditor and Recorder shall con- 
tinue in office four jears ; and no person shall be eligible to the 
office of Clerk, Recorder or Auditor more than eight years in 
any period of twelve years. The Treasurer, Sheriff, Coroner 
and Surveyor, shall continue in office two years ; and no per- 
son shall be eligible to the office of Treasurer or Sheriff more 
than four years in any period of six years. 

Sec. 3. Such other county and township officers as may be 
necessary, shall be elected or appointed, in such manner as may 
be prescribed by law. 

Sec. 4. 'No person shall be elected or appointed as a county 
officer, who shall not be an elector of the county ; nor any one 
who shall not have been an inhabitant thereof during one year 
next preceding his appointment, if the county shall have been 
so long organized ; but if the county shall not have been so 
long organized, then within the limits of the county or coun- 
ties out of which the same shall have been taken. 

Sec. 5. The Governor, and the Secretary, Auditor and Treas- 
urer of State, shall, severally, reside and keep the public records, 
books and papers, in any manner relating to the respective 
offices, at the seat of government. 

Sec. 6. All county, township and town officers shall reside 
within their respective counties, townships and towns, and shall 



CONSTITUTION OF THE STATE. 387 

keep their respective offices at snch. places therein, and perform 
such duties as may be directed by law. 

Sec, 7. All State officers shall, for crime, incapacity or neg- 
ligence, be liable to be removed from office, either by impeach- 
ment by the House of Representatives, to be tried by the Sen- 
ate, or by a joint resolution of the General Assembly; two- 
thirds of the members elected to each branch voting, in either 
case, therefor. 

Sec. 8. All State, county, township and town officers may 
be impeached, or removed from office in such manner as may 
be prescribed by law. 

Sec. 9. Vacancies in county, township and town offices shall 
be filled in such manner as may be prescribed by law. 

Sec. 10. The G-eneral Assembly may confer upon the Boards 
doing county business in the several counties, powers of a local 
administrative character. 



ARTICLE VII. 

JUDICIAL. 

Section 1. The Judicial power of the State shall be vested 
in a Supreme Court, in Circuit Courts, and in such other courts 
as the General Assembly may establish. 

Sec. 2. The Supreme Court shall consist of not less than 
three, nor more than five Judges; a majority of whom shall 
form a quorum. They shall hold their offices for six years, if 
they so long behave well. 

Sec. 3. The State shall be divided into as many districts as 
there are Judges of the Supreme Court, and such districts shall 
be formed of contiguous territory, as nearly equal in population 
as, without dividing a county, the same can be made. One of 
said Judges shall be elected from each district, and reside 
therein ; but said Judge shall be elected by the electors of the 
State at large. 



388 APPENDIX. 

Sec. 4. The Supreme Court shall have jurisdiction, co-ex- 
tensive with the limits of the State, in appeals and writs of 
error, under such regulations and restrictions as may be pre- 
scribed by law. It shall also have such original jurisdiction as 
the G-eneral Assembly may confer. 

Sec. 5. Thg Supreme Cpurt shall, upon the decision of every 
case, give a statement in writing of each question arising in the 
record of such case, and the decision of the Court thereon. 

Sec. 6. The General Assembly shall provide by law, for the 
speedy publication of the decisions of the Supreme Court, made 
under this Constitution, but no Judge shall be allowed to re- 
port such decision. 

Sec. 7. There shall be elected by the voters of the State, a 
Clerk of the Supreme Court, who shall hold his office four years, 
and whose duties shall be prescribed by law. 

Sec. '8. The Circuit Courts shall each consist of one Judge, 
and shall have such civil and criminal jurisdiction as may be 
prescribed by law. 

Sec. 9. The State shall, from time to time, be divided into 
Judicial Circuits, and a Judge for each circuit shall be elected 
by the voters thereof. He shall reside within the circuit, and 
shall hold his office for the term of six years, if he so long be- 
have well. 

Sec. 10. The General Assembly may provide, by law, that 
the Judge of one circuit may hold the courts of another circuit, 
in cases of necessity or convenience ; and in case of temporary 
inability of any Judge, from sickness or other cause, to hold 
the courts in his circuit, provisions may be made, by law, for 
holding such courts. 

Sec. 11. There shall be elected, in each Judicial Circuit, by 
the voters thereof, a Prosecuting Attorney, who shall hold his 
office for two years. 

Sec. 12. Any Judge or Prosecuting Attorney, who shall have 
been convicted of corruption or other high crime, may, on in- 
formation in the name of the State, be removed from office by 



CONSTITUTION OF THE STATE. 389 

the Supreme Court, or in such other manner as may be pre- 
scribed by law. 

Sec. 13. The Judges of the Supreme Court and Circuit 
Courts shall, at stated times, receive a compensation, which 
shall not be diminished during their -continuance in office. 

Sec. 14. A competent number of Justices of the Peace shall 
be elected by the voters in each township in the several coun- 
ties. They shall continue in office four years, and their powers 
and duties shall be prescribed by law. 

Sec. 15. All judicial officers shall be conservators of the 
peace in their respective jurisdictions. 

Sec. 16. l^o person elected to any judicial office shall, during 
the term for which he shall have been elected, be eligible to 
any office of trust or profit under the State, other thau a judi- 
cial office. 

Sec. 17. The General Assembly may modify or abolish the 
Grand Jury system. 

Sec. 18. All criminal prosecutions shall be carried on in the 
name, and by the authority of the State; and the style of all 
processes shall be, "The State of Indiana." 

Sec 19. Tribunals of conciliation may be established, with 
such powers and duties as shall be prescribed by law ; or the 
powers and duties of the same may be conferred upon other 
courts of justice; but such tribunals or other courts, when sit- 
ting as such, shall have no power to render judgment to be 
obligatory on the parties unless they voluntarily submit their 
matters of difi'erence and agree to abide the judgment of such 
tribunal or court. 

Sec 20. The General Assembly, at its first session after the 
adoption of this Constitution, shall provide for the appointment 
of three commissioners whose duty it shall be to revive, sim- 
plify and abridge the rules, practice, pleadings and forms of the 
courts of justice. And they shall provide for abolishing the 
distinct forms of action at law now in use ; and that justice 
shall be administered in a uniform mode of pleading, without 



390 APPENDIX, 

distinction between law and eqnity. And tlie Greneral Assembly 
may, also, make it the duty of said commissioners to reduce 
into a systematic code tlie general statute law of the State ; and 
said commissioners shall report the result of their labors to the 
General Assembly, with such recommendations and suggestions, 
as to the abridgment and amendment, as to said commissioners 
may seem necessary or proper. Provision shall be made by law 
for filling vacancies, regulating the tenure of office and the com- 
pensation of said commissioners. 

Sec, 21. Every person of good moral character, being a 
voter, shall be entitled to admission to practice law in all courts 
of justice. 

ARTICLE YIII. 

EDUCATION. 

Section 1, Knowledge and learning generally diffused 
throughout a community, being essential to the preservation of 
a free government, it shall be the duty of the General Assembly 
to encourage, by all suitable means, moral, intellectual, scien- 
tific and agricultural improvement, and to provide by law for a 
general and uniform system of common schools, wherein tuition 
shall be without charge, and equally open to all. 

Sec 2. The common school fund shall consist of the con- 
gressional township fund, and the lands belonging thereto; 

The surplus revenue fund ; 

The saline fund, and the lands belonging thereto ; 

The bank tax fund, and the fund arising from the one hun- 
dred and fburteenth section of the charter of the State Bank 
of Indiana ; 

The fund to be derived from the sale of county seminaries, 
and the moneys and property heretofore held for such semi- 
naries ; from the fines assessed for breaches of the penal laws 
of the State; and from all forfeitures which may accrue; 

All lands and other estate which shall escheat to the State 
for want of heirs or kindred entitled to the inheritance ; 

All lands that have been or may hereafter be granted to the 
State, where no special purpose is expressed in the grantj and 



eoNSMTtJTlON OF THE STATE. 391 

tne proceeds of the sales thereof; including the proceeds of the 
sales of the Swamp Lands granted to the State of Indiana by 
the act of Congress, of the 28th of September, 1850, after de- 
ducting the expense of selecting and draining the same ; 

Taxes on the property of corporations that may be assessed 
by i?he General Assembly for Common School purposes. 

Sec. 3. The principal of the Common School Fund shall 
remain a perpetual fund, which may be increased, but shall 
never be diminished ; and the income thereof shall be inviolably 
appropriated to the support of Common Schools, and to no other 
purpose whatever. 

Sec. 4. The General Assembly shall invest, in some safe and 
profitable manner, all such portions of the Common School 
Fund as have not heretofore been entrusted to the several 
counties ; and shall make provisions, by law, for the distribu- 
tion, among the several counties, of the interest thereof. 

Sec. 5. If any county shall fail to demand its proportion of 
such interest for Common School purposes, the same shall be 
reinvested for the benefit of such county. 

Sec. 6. The several counties shall be held liable for the pres- 
ervation of so much of the said fund as may be entrusted to 
them, and for the payment of the annual interest thereon. 

Sec. 7. All trust funds held by the State shall remain invio- 
late, and be faithfully and exclusively applied to the purposes 
for which the trust was created. 

Sec. 8. The General Assembly shall provide for the election, 
by the voters of the State, of a State Superintendent of Public 
Instruction, who shall hold his ofi&ce for two years, and whose 
duties and compensation shall be prescribed by law. 

ARTICLE IX. 

STATE INSTITUTIONS. 

Section 1. It shall be the duty of the General Assembly to 
provide by law for the support of Institutions for the Education 
of the Deaf and Dumb, and of the Blind; and, also, for the 
treatment of the Insane. 



392 APPENDIX. 

Sec, 2. • The General Assembly sliall provide Houses of Refuge 
for tlie correction and reformation of juvenile offenders. 

Sec. 3. The County Boards shall have power to provide 
farms as an asylum for those persons who, by reason of age, 
hifirmity, or other misfortune, have claims upon the sympathies 
and aid of society. 

ARTICLE X. 

FINANCE. 

Section 1. The General Assembly shall provide, by law, for 
a uniform and equal rate of assessment and taxation ; and shall 
prescribe such regulations as shall secure a just valuation for 
taxation of all property, both real and personal, excepting such 
only fo" mnicipal, educational, literary, scientific, religious or 
charitab' _ purposes, as may be specially exempted by law. 

Sec. 2. All the revenues derived from the sale of any of the 
public works belonging to the State, and from the net annual 
income thereof, and any surplus that may, at any time, remain 
in the Treasury derived from taxation for general State purposes, 
after the payment of the ordinary expenses of the government, 
and of the interest on bonds of the State, other than bank bonds, 
shall be annually applied, under the direction of the General 
Assembly, to the payment of the j^rincipal of the public debt. 

Sec. 3. No nioney shall be drawn from the Treasury but in 
pursuance of appropriations made by law. 

Sec. 4. An accurate statement of the receipts and expendi- 
tures of the public money shall be published with the laws of 
each regular session of the General Assembly. 

Sec. 5. No law shall authorize any debt to be contracted, on 
behalf of the State, except in the following cases : To meet 
casual deficits in the revenue; to pay the interest on the State 
debt; to repel invasion, suppress insurrection, or, if hostilities 
be threatened, provide for public defense. 

Sec. 6. No county shall subscribe for stock in any incorpo- 
rated company, unless the same be paid for at the time of such 



CONSTITUTION OF THE STATE. 393 

subscription ; nor shall any county loan its credit to any incor- 
porated company, nor borrow money for the purpose of taking 
stock in any such company; nor shall the General Assembly 
ever, on behalf of the State, assume the debts of any county, 
city, town or township, nor of any corporation whatever. 

Sec. 7. l^o law or resolution shall ever be passed by the 
General Assembly of the State of Indiana that shall recognize 
any liability of this State to pay or redeem any certificate of 
stock issued in pursuance of an act entitled " An act to provide 
for the funded debt of the State of Indiana, and for the comple- 
tion of the Wabash and Erie Canal to Evansville," passed Janu- 
ary 19, 1846, and an act supplemental to said act, passed January 
29, 1847, which by the provisions of the said acts, or either of 
them, shall be payable exclusively from the proceeds of the canal 
lands, and the tolls and revenues of the canal in said acts men- 
tioned ; and no such certificates of stocks shall ever be paid by 
this State. 

[Note. — Agreed to by a majority of the members elected to each of the two 
houses of the General Assembly, Regular Session of 1871, and referred to the Gen- 
eral Assembly to be chosen at the next general election. Agreed to by a majority 
of the members elected to each house of the General Assembly, Special Session of 
1872. Submitted to the electors of the State by an act approved January 28, 1873. 
Ratified by a majority of the electors, at an election held on the 18th day of Feb- 
ruary, 1873. Declared a part of the Constitution by proclamation of Thomas A. 
Hendricks, Governor, dated March 7, 1873.] 



ARTICLE XI. 

CORPORATIONS. 

Section 1. The General Assembly shall not have power to 
establish, or incorporate any bank or banking company, or 
moneyed institution, for the purpose of issuing bills of credit, 
or bills payable to order or bearer, except under the conditions 
prescribed in this Constitution. 

Sec. 2. E"o bank shall be established otherwise than under a 
general banking law, except as provided in the fourth section 
of this article. 



394 APPENDIX. 

Sec. 3. If the General Assembly shall enact a general bank- 
ing law, such law shall provide for the registry and counter- 
signing, by an officer of State, of all paper credit designed tc 
be circulated as money ; and ample collateral security, readil}/ 
convertible into specie, for the redemption of the same in gold 
or silver, shall be required ; which collateral security shall be 
under the control of the proper officer or officers of the State, 

Sec. 4. The General Assembly may also charter a bank with 
branches, without collateral security, as required in the preced- 
ing section. 

Sec. 5. If the General Assembly shall establish a bank with 
branches, the branches shall be mutually responsible for each 
other's liabilities, upon all paper credit issued as money. 

Sec. 6. The stockholders in every bank, or banking com- 
pany, shall be individually responsible to an amount over and 
above their stock, equal to their respective shares of stock, foi 
all debts or liabilities of said bank or banking company. 

Sec. 7. All bills or notes issued as money shall be, at all 
times, redeemable in gold or silver; and no law shall be passed, 
sanctioning, directly or indirectly, the suspension, by any bank 
or banking company, of specie payments. 

Sec. 8. Holders of bank notes shall be entitled, in case of 
insolvency, to preference of payment over all other creditors. 

Sec. 9. 'No bank shall receive, directly or indirectly, a greater 
rate of interest than shall be allowed by law to individuals 
loaning money. 

Sec. 10. Every bank, or banking company, shall be required 
to cease all banking operations within twenty years from the 
time of its organization, and promptly thereafter to close its 
business. 

Sec. 11. The General Assembly is not prohibited from in- 
vesting the trust funds in a bank with branches ; but in case of 
such investment, the safety of the same shall be guaranteed by 
unquestionable security. 



Constitution of the state. 395 

Sec. 12. The State shall not be a stockholder in any bank, 
after the expiration of the present bank charter ; nor shall the 
credit of the State ever be given, or loaned, in aid of any per- 
son, association, or corporation, nor shall the State hereafter be- 
come a stockholder in any corporation or association. 

Sec. 13. Corporations, other than banking, shall not be cre- 
ated by special act, but may be formed under general laws. 

Sec. 14. Dues from corporations, other than banking, shall 
be secured by such individual liability of the corporators, or 
other means, as may be prescribed by law. 



ARTICLE XII. 

MILITIA. 

Section 1. The militia shall consist of all able-bodied white 
male persons between the ages of eighteen and forty-five years, 
except such as may be exempted by the laws of the United 
States, or of this State ; and shall be organized, officered, armed, 
equipped and trained in such manner as may be provided by 
law. 

Sec. 2. The Governor shall appoint the Adjutant, Quarter- 
master and Commissary Generals. 

Sec. 3. All militia officers shall be commissioned by the 
Governor, and shall hold their offices not longer than six years. 

Sec. 4. The General Assembly shall determine the method 
of dividing the militia into divisions, brigades, regiments, bat- 
talions and companies, and fix the rank of all staff officers. 

Sec. 5. The militia may be divided into classes of sedentary 
aiid active militia in such manner as shall be prescribed by law. 

Sec. 6. No person conscientiously opposed to bearing arms 
shall be compelled to do militia duty ; but such person shall 
pay an equivalent for exemption ; the amount to be prescribed 
by law. 



396 APPENDIX. 

ARTICLE XIII. 

POLITICAL AND MUNICIPAL CORPORATIONS. 

. Section 1, No political or municipal corporation in this 
State shall ever become indebted, in any manner or for any 
purpose, to any amount, in the aggregate exceeding two per 
centum on the value of taxable property within such corpora- 
tion, to be ascertained by the last assessment for State and 
county taxes, previous to the incurring of such indebtedness, 
and all bonds or obligations, in excess of such amount, given 
by such corporations, shall be void : Provided, That in time of 
war, foreign invasion, or other great public calamity, on peti- 
tion of a majority of the property owners, in number and value, 
within 'the limits of such corporation, the public authorities, in 
their discretion, may incur obligations necessary for the public 
protection and defense, to such an amount as may be requested 
in such petition. 

[The original Article 13 is stricken out and the amendment of March 24, 1881, 
inserted in lieu thereof.] 

ARTICLE XIV. 

BOUNDARIES. 

Section 1. In order that the boundaries of the State may 
be known and established, it is hereby ordained and declared, 
that the State of Indiana is bounded on the east by the me- 
ridian line which forms the western boundary of the State of 
Ohio ; on the south by the Ohio River, from the mouth of the 
Great Miami River to the mouth of the Wabash River; on the 
west, by a line drawn along the middle of the Wabash River, 
from its mouth to a point where a due north line, drawn from 
the town of Vincennes, would last touch the northwestern 
shore of said Wabash River ; and thence by a due north line, 
until the same shall intersect an east and west line, drawn 
through a point ten miles north of the southern extreme of 
Lake Michigan ; on the north, by said east and west line, until 
the same shall intersect the first-mentioned meridian line, which 
forms the western boundary of the State of Ohio. 



CONSTITUTION OF THE STATE. 397 

Sec. 2. The State of Indiana stiall possess jurisdiction, and 
sovereignty co-extensive with the boundaries declared in the 
preceding section ; and shall have concurrent jurisdiction, in 
civil and criminal cases, with the State of Kentucky on the 
Ohio River, and with the State of Illinois on the Wabash River, 
so far as said rivers form the common boundary between this 
State and said States respectively. 

ARTICLE XY. 

miscellaneous. 

Section 1. All officers whose appointment is not otherwise 
provided for in this Constitution, shall be chosen in such man- 
ner as now is, or hereafter may be, prescribed by law. 

Sec. 2. When the duration of any office is not provided for 
by this Constitution, it may be declared by law ; and if not so 
declared, such office shall be held during the pleasure of the 
authority making the appointment. But the General Assem- 
bly shall not create any office, the tenure of which shall be 
longer than four years. 

Sec 3. Whenever it is provided in this Constitution, or in 
any law which may be hereafter passed, that any officer, other 
than a member of the General Assembly, shall hold his office 
for any given term, the same shall be construed to mean that 
such officer shall hold his office for such term, and until his 
successor shall have been elected and qualified. 

Sec. 4. Every person elected or appointed to any office 
under this Constitution shall, before entering on the duties 
thereof, take an oath or affirmation to support the Constitution 
of this State and of the United States, and also an oath of 
office. 

Sec 5. There shall be a seal of the State, kept by the Gov- 
ernor for official purposes, which shall be called the Seal of the 
State of Indiana. 

Sec 6. All commissions shall issue in the name of the State, 
shall be signed by the Governor, sealed by the State Seal, and 
attested by the Secretary of State. 



S98 APPENDIX. 

Sec. 7. ISTo county shall be reduced to an area less than four 
hundred square miles; nor shall any county under that area be 
further reduced. 

Sec. 8. Ko lottery shall be authorized, nor shall the sale of 
lottery tickets be allowed. 

Sec. 9. The following grounds owned by the State in In- 
dianapolis, namely : the State House Square, the Governor's 
Circle, and so much of outlot numbered one hundred and forty- 
seven as lies north of the arm of the Central Canal, shall not 
be sold or leased. 

Sec. 10. It shall be the duty of the General Assembly to 
provide for the permanent enclosure and preservation of the 
Tippecanoe Battle Ground. ^ 

ARTICLE XVI. 

amendments. 

Section 1. Any amendment or amendments to this Consti- 
tution may be proposed in either branch of the General Assem- 
bly; and if the same shall be agreed to by a majority of the 
members elected to each of the two houses, such proposed 
amendment or amendments shall, with the yeas and nays 
thereon, be entered on their journals and referred to the Gen- 
eral Assembly to be chosen at the next general election; and, 
if in the General Assembly so next chosen, such proposed 
amendment or amendments shall be agreed to by a majori'ty of 
all the members elected to each house, then it shain)e the duty 
of the General Assembly to submit such amendment or amend- 
ments to the electors of the State, q^nd if a majority of said 
electors shall ratify the same, such amendment or amendments 
shall become a part of this Constitution. 

Sec. 2. If two or more amendments shall be submitted at 
the same time, they shall be submitted in such manner that the 
electors shall vote for or against each of such amendments sep- 
arately ; and while such an amendment or amendments which 
shall have been agreed upon by one General Assembly, shall 



CONSTITUTION OF THE STATE. 399 

be awaiting the action of the succeeding General Assembly, or 
of the electors, no additional amendment or amendments shall 
be proposed. 

SCHEDULE. 

This Constitution, if adopted, shall take effect on the first 
day of November, in the year one thousand eight hundred and 
fifty-one, and shall supersede the Constitution adopted in the 
year one thousand eight hundred and sixteen. That no incon- 
venience may arise from the change in the government, it is 
hereby ordained as follows : 

First. All laws now in force, and not inconsistent with this 
Constitution, shall remain in force until they shall expire or be 
repealed. 

Second. All indictments, prosecutions, suits, pleas, plaints 
and other proceedings pending in any of the Courts, shall be 
prosecuted to final judgment and execution ; and all appeals, 
writs of error, certiorari and injunctions shall be carried on in 
the several Courts, in the same manner as is now provided by 
law. 

Third. All fines, penalties and forfeitures, due or accruing 
to the Stat©, or to any county therein, shall inure to the State, 
or to such county in the manner prescribed by law. All bonds 
executed to the State, or to any officer, in his official capacity, 
shall remain in force, and inure to the use of those concerned. 

Fourth. All acts of incorporation for municipal purposes 
shall continue in force under this Constitution, until such time 
as the General Assenlbly shall, in its discretion, modify or re- 
peal the same. 

Fifth. The Governor, at the expiration of the present official 
term, shall continue to act until his successor shall have been 
sworn into office. 

Sixth. There shall be a session of the General Assembly, 
commencing on the first Monday of December, in the year one 
thousand eight hundred and fifty-one. 



400 APPENDIX. 

Seventh. Senators now in office and holding over, under the 
existing Constitution, and such as may be elected at the next 
general election, and the Representatives then elected, shall 
continue in office until the first general election under this 
Constitution. 

Eighth. The first general election under this Constitution 
shall be held in the year one thoJusand eight hundred and fifty- 
two. 

Ninth. The first election for Governor, Lieutenant-Governor, 
Judges of the Supreme Court and Circuit Courts, Clerk of the 
Supreme Court, Prosecuting Attorney, Secretary, Auditor, and 
Treasurer of State, and State Superintendent of Public Instruc- 
tion, under this Constitution, shall be held afthe general elec- 
tion in the year one thousand eight hundred and fifty-two ; and 
such of said officers as may be in office when this Constitution 
shall go into effect, shall continue in their respective offices 
until their successors shall have been elected and qualified. 

Tenth. Every person elected by popular vote, and now in any 
office which is continued by this Constitution, and every persoi:i 
who shall be so elected to any such office before the taking 
effect of this Constitution (except as in this Constitution other- 
wise provided), shall continue in office until the term for which 
such person has been, or may be, elected, shall expire : Provided, 
That no such person shall continue in office after the taking 
effect of this Constitution, for a longer period than the term of 
such office in this Constitution prescribed. 

Eleventh, On the taking effect of this Constitution, all officers 
thereby continued in office shall, before proceeding in the further 
discharge of their duties, take an oath or affirmation to support 
this Constitution. 

Twelfth. All vacancies that may occur in existing offices 
prior to the first general election under this Constitution, shall 
be filled in the manner now prescribed by law. 

Thirteenth. At the time of submitting this Constitution to 
the electors for their approval or disapproval, the article num- 
bered thirteen, in relation to negroes and mulattoes, shall be 



CONSTITUTION OF THE STATE. 401 

submitted as a distinct proposition, in the following form : " Ex- 
clusion and Colonization of Negroes and Mulattoes," "Aye," 
or "]^o." And if a majority of the votes cast shall be in favor 
of said article, then the same shall form a part of this Consti- 
tution, otherwise it shall be void and form no part thereof. 

Fourteenth. ISTo article or section of this Constitution shall 
be submitted as a distinct proposition to a vote of the electors 
otherwise than as herein provided. 

Fifteenth. Whenever a portion of the citizens of the counties 
of Perry and Spencer shall deem it expedient to form, of the 
contiguous territory of said counties, a new county, it shall be 
the duty of those interested in the organization of such new 
county, to lay off the same by proper metes and bounds of equal 
portions as nearly as practicable, not to exceed one-third of the 
territory of each of said counties. The proposal to create such 
new county shall be submitted to the voters of said counties, at 
a general election, in such manner as shall be prescribed by law. 
And if a majority of all the votes given at said election shall 
be in favor of the organization of said new county, it shall be 
the duty of the General Assembly to organize the same out of 
the territory thus designated. 

Sixteenth. The General Assembly may alter or amend the 
charter of Clarksville, and make such regulations as may be 
necessary for carrying into effect the objects contemplated in 
granting the same, and the funds belonging to said town shall 
be applied according to the intention of the grantor. 

Done in Convention, at Indianapolis, the tenth day of Feb- 
ruary, in the year of our Lord, one thousand eight hundred and 
fifty-one, and of the independence of the United States, the 

seventy-fifth. 

GEORGE WHITFIELD CARR, 

President and Delegate from the County of Lawrence. 

Attest : Wm. H. English, 

Principal Secretary. 

Geo. L. Sites, 
Herman G. Barkwell, 
Robert M. Evans, 

Assistant Secretaries. 
26— ScH. Law. 



ADDENDA, 



The original sections stricken out or amended read as follows : 

ARTICLE II. 

SUFFRAGE AND ELECTION. 

Section 2. In all elections, not otherwise provided for by this Constitution, 
every white male citizen of the United States, of the age of twenty-one years and 
upwards, who shall have resided in the State during the six months immediately 
preceding such election ; and every white male, of foreign birth of the age of 
twenty-one years and upwards, who shall have resided in the United States one 
year, and shall have resided in this State during the six months immediately pre- 
ceding such election, and shall have declared his intention to become a citizen of 
the United States, conformably to the laws of the United States on the subject of 
naturalization, shall be entitled to vote in the township or precinct where he may 
reside. 

Sec. 5. No negro or mulatto shall have the right of sufTrage. 

Sec. 14. All general elections shall be held on the second Tuesday in October. 

AETICLE IV. 

LEGISLATIVE. 

Section 4. The General Assembly shall, at its second session after the adop- 
tion of this Coustitution, and every six years thereafter, cause an enumeration to 
be made of all the white male inhabitants over the age of twenty-one years. 

Sec. 5. The number of Senators and Representatives shall, at the session next 
following each period of making such enumeration, be fixed by law, and appor- 
tioned among the several counties, according to the number of ivhite male inhabi- 
tants, above twenty-one years of age, in each ; Provided, That the first and second 
elections of members of the General Assembly, under this Constitution, shall be 
according to the apportionment last made by the General Assembly, before the 
adoption of this Constitution. 

Sec. 22. In relation td fees or salaries. 

(402) 



CONSTITUTION OP THE STATE. 403 

AETICLE VII. 

JUDICIAL,. 

Section 1. The judicial power oi the State shall be vested in a Supreme 
Court, in Circuit Courts, and in such inferior courts as the General Assembly may 
establish. 

ARTICLE XIII. 

NEGROES AND MTJLATTOES. 

Section 1. No negro or mulatto shall come into, or settle in, the State, after 
the adoption of this Constitution. 

Sec. 2. All contracts made with any negro or mulatto coming into the State, 
contrary to the provisions of the foregoing section, shall be void; and any person 
who shall employ such n«gro or mulatto, or otherwise encourage him to remain in 
the State, shall be fined in any sum not less than ten dollars, nor more than five 
hundred dollars. 

Sec. 3. All fines which may be collected for a violation of the provisions of 
this article, or of any law which may hereafter bs passed for the purpose of carry- 
ing the same into execution, shall be set apart and appropriated for the coloniza- 
tion of such negroes and mulattoes, and their descendants, as may be in the State 
at the adoption of this Constitution, and may be willing to emigrate. 

Sec. 4. The General Assembly shall pass laws to carry out the provisions of 
this article. 



404 



APPENDIX. 



INDEX TO CONSTITUTION, 1851. 



Index to Constitution. 




Accused, rights of 

Act to contain but one subject 

Subject of, to be expressed in title 

Void only as to subject not embraced in title 

To be plainly worded and technical words avoided 

How amended 

Local or special, when forbidden 

To be general 

Vote of majority of all members elected to each House re- 
qu ired for passage of 

To be signed by presiding oflScer of each House 

To be presented to the Governor 

If objected to by the Governor, to be returned to branch in 
which it originated 

May be passed notwithstanding Governor's objections 

When becomes a law without approval of Governor 

Not to be presented to Governor within two days next previous 

to final adjournment 

Adjournment by either house of the General Assembly not to be 
for more than three days nor to another place without con- 
sent of other 

Adjutant-General to be appointed by the Governor , , „ . . . 

Affirmation, mode of administering 

Agricultural improvement to be encouraged 

Amendments to Constitution, how made . . 

To be voted upon separately , ■ 

To laws, how made .„.,-. 

Apportionment of Senators and Representatives , 

Appropriation, no money to be drawn from the treasury but in 

pursuance of 

Arms, right of people to keep and bear 

Arrest, when members of General Assembly exempt from 

Search and seizure, right of, regulated 

Warrant for, to contain special designation 

Electors, when exempt from 

Assessment and taxation to be uniform 

Attorney at law, who may be 

Attorney, Prosecuting, to be elected 

How may be removed 



Auditor, County — 

To be elected 

To hold office four years 

Not eligible more than eight years in any period of twelve years 

Qualifications of 

To reside in county , 

How removed 

Vacancy in ofiice of, how filled 



12 
1 

8 

16 

16 

4 

4 

10 
1 

4 
1 
1 

2 
10 

7 
7 
6 

7 

6 
6 
6 
6 
6 



INDEX TO CONSTITUTION. 



405 



INDEX TO CONSTITUTION— Continued. 



Index to Constitution. 




Auditor, State — 

To be elected 

To hold office for two years 

Not eligible for more than four years in any period of six years 

To reside at the seat of government 

How removed 

Vacancy in office of, how filled 

Bailable, all offenses except murder and treason, shall be 

Bail, excessive not to be required 

Ballot, elections by people to be by 

Banks. See corporations. 

Bills may originate in either house 

May be amended or rejected 

For raising revenue to originate in the House of Representa- 
tives 

To be read three times in each house 

How passed 

To contain but one subject 

Subject of, to be expressed in title 

To be plainly worded 

Bill of Rights 

Boundaries of State 

Bribe, threat or reward to secure an election disqualifies party 

elected 

Census of male inhabitants over the age of twenty-one years to be 

made every six years 

Challenge to duel disqualifies one to hold office 

Civil officers, election of, by people, to be by ballot 

Election of, by General Assembly, to be viva voce 

Election of, to be biennially, on the first Tuesday after the first 

Monday in November 

Clerk of Circuit Court — 

To be elected by the people of the several counties 

Term of office 

Qualifications of .^ 

Not eligible more than eight years in a period of twelve years. 

Residence of 

Impeachment and removal of 

Clerk of Supreme Court — 

To be elected by the voters of the State 

Term of office 

Commander-in-Chief, Governor to be 

Commissary Generals to be appointed by Governor 

Common good, people may consult for 

Common schools 

Compensation to be rendered for property taken or services required 

Conciliation, Courts of, may be established 

Congress, members of, shall not fill office of Governor or Lieuten- 
ant-Governor 

Conservators of the peace, judicial officers are 

Constitution, how amended , 

Conviction of crime does not work corruption of blood or forfeiture 
of estate , 



6 


1 


6 


1 


6 


1 


6 


5 


6 


7 


5 


18 


1 


17 


1 


16 


2 


13 


4 


17 


4 


17 


4 


17 


4 


18 


4 


18, 25 


4 


19 


4 


19 


4 


20 


1 




14 


1 


2 


6 


4 


4 


2 


7 


2 


13 


2 


13 


2 


14 


6 


2 


6 


2 


6 


4 


6 


2 


6 


6 


6 


8 


7 


7 


7 


7 


5 


12 


12 


2 


1 


31 


8 


1 


1 


21 


7 


19 


5 


8 


7 


15 


16 


1 



30 



406 



APPENt)lX. 



INDEX TO CONSTITUTION— Continued. 



Index to Constitution. 




Convicts, when may be disfranchised 

Coroners, to be elected by the people of the county. . . . . . 

Term of office 

Coroners, Qualifications of 

Residence of 

Impeachment of, and removal from office 

Vacancy in office of, how filled 

Corporations, banking — 

To be established under general laws 

May have branches 

Notes issued by to be countersigned 

Notes issued by to be registered 

Notes issued by, redemption of 

Notes issued by, preference in payment of 

Stockholders, liability of 

State not to be stockholder 

State may invest trust funds in 

Corporations, other than banking- — 

Not to be created by special act 

Stockholders, liability of 

Corruption of blood, conviction of crime works not 

Council may be established to advise concerning pardons. 
Courts, Circuit — 

Judicial power vested in 



State to be divided into judicial circuits. . . 

One judge for each circuit 

One judge to be elected by voters of circuit 

Term of office of judge 

Judge to reside in circuit 

Removal of Judge from office 



Impeachment of .Judge 

Salary of Judge not to be diminished during term. 

Ineligibility of Judge 

Court, Supreme — 

Judicial power vested in 

Jurisdiction of 

Number of Judges of 

Term of office • 

State to be divided into districts 

Judges to be elected by electors of State 

Ineligibility of Judge 

Removal of Judge from office 



Impeachment of Judge 

Salary of Judge not to be diminished during term. 

Courts may be established by the General Assembly . . . 

• To be open 

Of conciliation may be established , 

Judges of, ineligible to certain offices 

County boards may establish asylums 

County debt not to be assumed by State 



2 
6 
6 
6 
6 
6 
6 

11 
11 
11 
11 
11 
11 

n 

11 
11 

11 

11 

1 

5 

7 
7 
7 
7 
7 
7 
7 
6 
7 
6 
7 
7 

7 
7 
7 
7 
7 
7 
7 
6 
7 
6 
7 
7 
1 
7 
7 
9 
10 



INDEX TO CONSTITUTION. 



407 



INDEX TO CONSTITUTION— Continued. 



Index to Constitution. 




County not to be divided in apportioning State for senatorial districts 

County not to subscribe for stock in corporation unless the same is 

paid for at time of subscription 

Not to lend credit to corporation 

Liable for school fund 

County, size of 

County officers, election of 

Crime, rights of person accused of 

Conviction of does not work corruption of blood or forfeiture 

of estate 

Criminal prosecution, style of 

Trial by jury secured 

Jury judge of law and fact 

Debate, freedom of in General Assembly 

Debt, no imprisonment for 

Public, certain moneys to be applied oft 

Public, for what purposes it may be contracted 

Municipal, amount of limited 

Declaration of rights 

Defaulters ineligible to office until money is repaid 

Departments, legislative, executive and judicial, to be kept sepa- 
rate 

Disfranchisement of persons convicted of infamous crime 

Disorderly behavior. General Assembly may punish member for. . . 
Districts, senatorial and representative 

Judicial, number of same as number of Judges of Supreme 
Court 

Judicial, for Circuit Court 

Duel, giving or accepting challenge to fight, renders party ineligible 

to office 

Duration of office, not fixed by Constitution 

Education, General Assembly to encourage 

Elections, to be free and equal 

By the people, to be by ballot 

By the General Assembly, to be viva voce 

Of Governor and Lieutenant-Governor, to be by plurality of 

votes 

Election of civil officers by the people, to be on the first Tuesday 

after the first Monday in November 

Electors, when free from arrest 

Emigration, not to be prohibited 

Eminent domain 

Enacting style of laws 

Equal privileges, all entitled to 

Equality and natural rights of all men 

Evidence against self, no one required to give in criminal prosecu- 
tions 

Executive department, not to exercise legislative or judiciarpowers 

Expenses, statement of to be published with laws 

-E/x post facto laws forbidden 

Finance 

Fines, excessive not to be imposed ... 



9 


6 


9 


6 


8 


6 


15 


7 


6 


3 


1 


13 


1 


30 


7 


18 


1 


13 


1 


19 


4 


8 


1 


22 


10 


2 


10 


5 


13 




1 




2 


10 


3 


1 


2 




4 


14 


4 


6 


7 


3 


7 


9 


2 


7 


15 


2 


8 


1 


2 


1 


2 


13 


2 


13 


5 


5 


2 


14 


2 


12 


1 


36 


1 


21 


4 


1 


1 


23 


1 


1 


1 


14 


3 


1 


10 


4 


1 


24 


10 




1 


16 



408 



APPENDIX. 



INDEX TO CONSTITUTION— Continued. 



Index to Constitution. 




Freedom of debate in General Assembly 

Of speech and of the press 

Of thought 

General Assembly to meet biennially 

Governor may call special sessions of 

Composed of two Houses 

Number of members in each House 

Freedom of debate in 

To sit with open doors 

When session may be in secret 

General Assembly may establish courts 

May confer upon County Boards powers of a local administra- 
tive character 

May by Governor be convened at places other than the seat of 
government 

Neither house shall, without the consent of the other, adjourn 
for more than three days, nor to another place 

State officers may be removed upon joint resolution of 

To elect Governor and Lieutenant-Governor when people fail 
to elect 

Election by, limited to what persons 

Not to grant titles of nobility nor confer hereditary distinc- 
tions 

Not to prohibit emigration 

Pay of members of 

Regular session of, length of limited 

Special session of, length of limited ■. 

Members of ineligible to certain offices 

Quorum of 

Less than a quorum may adjourn and may compel attendance 
of absent members 

To invest common school fund 

To provide for uniform and equal rate of assessment and taxa- 
tion , , 

May grant pardon for treason , 

Each house of judge of election, qualification and return of 
its members 

Each house to have all powers necessary for a branch of the 

legislative department of a free and independent State 

Governor — 

To be elected every four years 

Term of office 

Elected by plurality vote 

Not eligible more than four years in any period of eight years. 

Qualifications 

Who may not be 

Term of office, when it begins 

Election of, determined by General Assembly 

When elected, by General Assembly 

Commander-in-Chief 

To appoint Adjutant, Quartermaster and Commissary Generals. 

Veto power of ,. » , , 

Vacancy in office of „...,,,,.....,,,.. 



10 
5 



5 
5 
5 
5 
5 
5 
5 
5 
5 
5 
12 
5 
5 



INDEX TO CONSTITUTION. 



409 



INDEX TO CONSTITUTION— Continued. 



Index to Constitution. 




Governor — Continued. 

To give General Assembly information 

May require information in writing from officers of administra- 
tive departments - 

To appoint officers to fill vacancies 

To grant pardons and reprieves • • 

To grant pardon only with consent of counsel, when 

To issue writs of election to fill vacancy in General Assembly . 

During term, ineligible for other office 

To sign all commissions 

To keep State seal 

Grand Jury system may be modified or abolished 

Habeas corpus, privileges of writ of, not to be suspended except... . 

Hereditary distinctions not to be conferred 

House of Representatives — 

Members of, may be instructed by the people 

Qualifications of members 

Number of members 

Members of, when exempt from arrest 

Members of, when exempt from civil process 

Bills for raising revenue, to originate in 

Not to adjourn for more than three days, nor to another place 
without consent of Senate 

Quorum of 

Less than a quorum may adjourn and may compel attendance 
of absent members 

To choose its officers and establish rules 

Judge of, the election and qualifications of its members 

May punish or expel its members 

May punish for contempt 

Privileges of members 

Election of members of 

Impeachment of State officers by 

Shall keep and publish journal 

Member of, may have protest entered on journal 

Election by, of civil officers to be viva voce 

Pay of members 

Returns of vote for Governor and Lieutenant-Governor to be 

made to 

House of Refuge 

Impeachment of State officers 

Trial in case of 

Of county, township, town and city officers 

Imprisonment for debt prohibited 

Incompatible offices 

Infamous crime, person convicted of, may be disfranchised and ren- 
dered ineligible for office 

Inhabitants, census of male 

Insane, institutions for 

Institutions for insane 

Instructing of representatives 

Jeopardy, no person to be twice put in 



13 



5 


15 


5 


18 


5 


17 


5 


17 


5 


19 


5 


24 


15 


6 


15 


5 


7 


17 


1 


27 


1 


35 


1 


31 


4 


7 


4 


2 


4 


8 


4 


8 


4 


17 


4 


10 


4 


11 


4 


11 


4 


10 


4 


10 


4 


14 


4 


15 


4 


8 


2 


14 


6 


7 


4 


12 


4 


26 


2 


13 


4 


29 


5 


4 


9 


2 


6 


7, 8 


6 


7 


6 


8 


1 


22 


2 


9 


5 


8 


2 


8 


4 


4 


9 


1 


9 


1 


1 


31 


1 


14 



410 



Appendix. 

INDEX TO CONSTITUTION— Continued. 



Index to Constitution. 




Joint resolutions, how passed and authenticated 

Governor may remove State officers upon 

Journal, each house to keep and publish 

Protest of member of General Assembly may be entered on . . 

Veto of Governor to be entered on 

Judges during^ term for which they are elected not eligible to any 
office other than judicial 

How removed from office 

Special 

Judges of Circuit Courts to be elected by people of district 

Term of office 

To reside in district 

To be paid a fixed salary 

Number of, determined by General Assembly 

Judges of Supreme Court, number of 

Term of office 

Judges of Supreme Court to be elected by people 

To reside in judicial district 

To be paid a fixed salary 

Judicial Department, not to exercise legislative or executive powers 

Jurisdiction of State , 

Jury, trial by, secured in criminal cases 

Trial by, in civil cases 

In criminal cases, judges of the law and of the facts 

Justices of the Peace, to be elected 

Juvenile offenders 

Law, every statute a public, unless 

Jury, judges of, in criminal cases 

Laws, for injury to persons, property, or reputation, to have remedy 
in 

Power of suspension, only in General Assembly 

Ex post facto prohibited 

Local and special forbidden 

To take effect as provided in Constitution 

When to take effect 

Revision of 

Lawyer, who may become 

Legislative department not to exercise executive or judicial power. 

Legislative power, General Assembly has •. 

Libel, in prosecutions for, truth a justification 

Liberty of the press 

Literature and science to be encouraged 

Lieutenant-Governor — 

To be elected quadrennially 

Time of election 

Elected by plurality vote 

Term of office 

When term begins 

Qualifications 

Who may not be .... , 

Election of determined by General Assembly 

When to be elected by General Assembly 



7 
7 
7 
7 
7 
7 
7 
7 
7 
7 
7 
3 
14 
1 
1 
1 
7 
9 
4 
1 

1 

1 
1 

4 
1 
4 
7 
7 
3 
4 
1 
1 
8 

5 

5 
5 
5 
5 
5 
5 
5 
5 



INDEX TO CONSTITUTION. 



411 



INDEX TO CONSTITUTION— Continued. 



Index to Constitution. 




Lieutenant-Governor — Continued. 

President of the Senate 

When may vote 

Pay of 

Ineligible for other offices 

Becomes Governor on vacancy in office of Governor 

Vacancy i n office of 

How removed from office .' 

Local and special laws prohibited 

Lotteries prohibited 

Magistrates and courts not to demand excessive bail, nor to im- 
pose excessive fines nor inflict cruel and unusual punish- 
ments 

Men created equal 

Militia, of whom composed 

Governor Commander-in-Chief 

Governor to appoint certain officers 

All officers of to be commissioned by Governor 

Term of office of officers of 

Divisions of 

Sedentary and active 

What persons exempt from duty 

Subordinate to civil po¥/er 

Moneys not to be drawn from treasury for benefit of religious or 

theological institutions 

Murder and treason, when bailable 

Municipal debt not to be assumed by State 

Naval forces. Governor Commander-in-Chief of 

Oaths and affirmations, how administered 

Of office 

Offenses and crimes, prosecutions for, regulated 

Office of trust, certain persons not to hold 

Offices, plurality of, piohibited in certain cases 

Officers, commissions of 

Office, term of, when not fixed by Constitution 

Officers holding over 

Administrative, to be elected 

Judicial, to be elected 

Executive, to be elected 

Legislative, to be elected 

Pardon, Governor may grant 

Consent of Council required, when 

In cases of treason General Assembly may grant 

Passage of bills 

Penal code based on reformation 

People have right to keep and bear arms 

Have right to assemble and consult for common good 

Have right to instruct Representatives 

Have right to petition for redress of grievances 

Have right to remedy for wrongs done 

Person, property and reputation, for injury to people shall have 
remedy , .,.,..,.,..,,.,,...,...... 



5 


21 


5 


21 


5 


22 


5 


24 


5 


10 


5 


10 


6 


7 


4 


22 


15 


8 


1 


16 


1 


1 


12 


1 


5 


12 


12 


2 


12 


3 


12 


8 


12 


4 


12 


5 


12 


6 


1 


33 


1 


6 


1 


17 


10 


6 


5 


12 


1 


8 


15 


4 


1 


13-19 


2 


6-10 


2 


9 


12 


3 


15 


6 


15 


2 


15 


3 


6 


1 


7 


3, 9 


5 


3 


4 


2 


5 


17 


5 


17 


5 


17 


4 


25 




18 




32 




31 




31 




31 




12 



12 



412 



APPENDIX. 



INDEX TO CONSTITUTION— Continued. 



Index to Constitution. 




Persons in custody not to be treated with unnecessary rigor 

Petition, right of 

Plurality of offices 

Plurality of votes, Governor and Lieutenant-Governor elected by . . 

Power inherent in the people 

Power of each house of General Assembly 

Press, liberty of '. 

Private property taken for public use, compensation to be made for 

Prosecutions for crimes and offenses regulated 

Pro tempore appointment to office 

Protest, member of General Assembly may enter on Journal 

Public grounds certain not to be sold or leased 

Public Instruction, Superintendent of 

Publication of statutes . . 

Punishments cruel and unusual not to be inflicted 

Qualifications — 

Of a voter 

Of Governor 

Of Lieutenant-Governor 

Of Senators 

Of Representatives 

Of county officers 

Each house judge as to, of members 

Quorum — 

Of Senate _ 

Of House of Eepresentatives 

Of Supreme Court 

Receipts and expenses, statement of to be published with laws 

Recorder, County — 

To be elected by voters of county 

Time of election 

Term of office four years 

Not eligible for more than eight years in any period of twelve 
years 

Qualifications of 

Residence of 

Impeachment of 

How removed from office 

Vacancy in office of, how filled 

Reformation basis of penal code 

Registration of voters 

Religious sect or denomination, no subordination of one to another. , 
Religious worship, national right to all men 

Opinion free to all 

Test none as a qualification for office 

Religious institutions not to be aided with public moneys 

Remedies by recourse to the law to be free, complete and prompt . . 
Representatives — 

Number of -. 

Qualifications of 

Term of office of 

Apportionment of 

Privileges of 



1 
1 
2 
5 
1 
4 
1 
1 
1. 
2 
4 
15 
8 
4 
1 

2 
5 
5 
4 
4 
6 
4 

4 

4 

7 

10 

_ 6 
6 
6 

6 
6 
6 
6 
6 
6 
1 
2 
] 
1 
1 
1 
1 
1 

4 
4 
4 
4 
4 



INDEX TO CONSTITUTION. 



413 



INDEX TO CONSTITUTION— Continued. 



Index to Constitution. 




Eesidence not acquired by soldiers, seamen and marines in the army 
or navy of the United States by being stationed within State, 

Necessary qualification for voter 

Sailors, soldiers and marines in the army or navy of the United 
States do not acquire a residence by being stationed within 

the State and can not vote 

Salaries of judges of supreme and circuit courts not to be dimin- 
ished during term 

Schools, common 

School fund , 

County liable for 

Seal, State, to be kept by Governor 

Seamen. See Soldiers. 

Search, seizure and arrest, right of regulated 

Secretary of State — 

To be elected by the people 

To hold office for two years 

Not eligible for more than four years in any period of six years. 

To reside at seat of government 

How removed from office . . . 

Vacancy in office of, how filled 

To attest all commissions 

Senate, number of members of 

To be elected 

Time of election 

Qualification of members of 

When members of, are privileged from arrest 

Not to adjourn for more than three days nor to another place 
without consent of House 

Quorum of 

To establish rules and choose officers 

Judge of election and qualification of members 

May punish or expel members 

May punish for contempt 

Shall try impeachments by the House 

Vacancies, how filled 

Apportionment of members 

Lieutenant-Governor, president of 

President pro tern, of . .j 

Shall keep and publish journal 

Members of, may have protest entered on journal 

Services, when particular are required by State — 

Compensation to be made 

Sheriff to be elected 

Term of office 

Not eligible more than four years in any period of six years . . 

Qualifications of 

Kesidence of '. 

How removed from office 

Vacancy -in office of, how filled 

Slavery prohibited , 



2 

2 


3 

2 


2 


3 


7 


13 


8 


1 


8 


2 


8 


6 


15 


5 


1 


11 


6 


1 


6 


1 


6 


1 


6 


5 


6 


7 


5 


18 


15 


6 


4 


2 


4 


3 


2 


14 


4 


7 


4 


8 


4 


10 


4 


11 


4 


10 


4 


10 


4 


14 


4 


15 


6 


7 


5 


19 


4 


5 


5 


21 


5 


11 


4 


12 


4 


26 


1 


21 


6 


2 


6 


2 


6 


2 


6 


4 


6 


6 


6 


8 


6 


9 


1 


37 



414 



APPENDIX. 



INDEX TO CONSTITUTION— Continued. 



Index to Constitution. 




Soldier, in time of peace, not to be quartered in any house without 
consent of owner, nor in time of war but in mannel" pre- 
scribed by law , 

Soldiers, seamen and marines in the army or navy of the United 
States do not gain residence in State by being stationed 

therein and can not vote 

Special acts, when prohibited 

Speech, freedom of 

State — 

Provisions may be made for suits against 

Not to assume municipal indebtedness nor debt of corporation. 

Shall not pay indebtedness of Wabash and Erie Canal 

Boundaries of 

Jurisdiction of 

State institutions — 

For deaf and dumb 

For insane 

For juvenile ofTenders 

County asylums , 

State seal to be kept by Governor 

Statement of receipts and expenses to.be published with laws. ... 
Statutes are public laws 

When to take effect 

Superintendent of Public Instruction 

Supreme Court — 

Number of Judges 

To be elected by people 

Jurisdiction of '. 

Salaries of Judges to be fixed 

Quorum of 

Eemoval of Judges from office 

Removal of Judges from office 

Judicial districts 

Decisions to be in writing 

Decisions of, to be printed 

Clerk of, to be elected 

Term of olfice , 

Duties 

Surveyor, County, to be elected by voters of county 

Time of election 

Term of office, two years 

Qualification of 

Kesidence of 

Impeachment of , 

How removed from office 

Vacancy in office of, how filled 

Suspension of laws 

Of writ of habeas corpus 

Taxation to be uniform and equal 

What property may be exempted from 

Test, no religious, required for office 

Theological institution not to be aided by State ,..,,., 



34 



2 


3 


4 


22-24 


1 


9 


4 


24 


10 


6 


10 


7 


14 


1 


14 


2 


9 


1 


9 


1 


9 


2 


9 


3 


15 


5 


10 


4 


4 


27 


4 


28 


1 


25 


8 


8 


7 


2 


7 


3 


7 


4 


7 


13 


7 


2 


6 


7 


7 


12 


7 


3 


7 


5 


7 


6 


7 


7 


7 


7 


7 


7 


6 


2 


6 


2 


6 


2 


6 


4 


6 


6 


6 


8 


6 


8 


8 


9 


1 


26 


1 


27 


10 


1 


10 


1 


1 


5 


1 


6 



INDEX DO CONSTITUTION. 
INDEX TO CONSTITUTION— Continued. 



415 



Index to Constitution 




Tippecanoe battle-ground 

Title of nobility not to be granted 

Town and township ofRcers, how impeached 

Town and township officers, how removed 

Town and township offices, vacancies in, how filled 

Township officers, election of 

Treason defined 

Trial for regulated 

When bailable 

General Assembly may grant pardon for 

Treasurer, County — 

To be elected by votes of county 

Time of the election 

Term of office ; • ■. 

Not eligible more than four years in any period of. six years. 

Qualifications of 

Residence of 

Impeachment of 

How removed from office 

Vacancy in office of, how filled 

Treasurer, State — 

To be elected by the voters of the State 

Term of office, two years 

Duties of ;■■,•■■■■ 

Not eligible more than four years in any period of six years . 

May be impeached _ . 

May be removed on joint resolution 

Vacancy in office of, how filled 

Residence of 

Trial by jury, right to in civil cases secured 

Eight to in criminal cases secured 

Vacancy — 

In the office of Governor 

In the office of Lieutenant-Governor 

In the office of Senator or Representative 

In a judicial office 

In the office of any other State officer 

In county, township and town office 

Veto power of Governor 

Voters, registration of 

Qualifications of 

When soldiers, seamen and marines are not 

When exempted from arrest 

Wabash and Erie Capal, debts of, not to h.e paid by State 

Witness not incompetent by reason of religious opinions 

To meet accused face to face ._ _• • • • • 

In criminal cases one not obliged to be against himself ..... 

Worship, people to be secured in right to 

Yeas and nays, vote by — 

When may be ordered on motion to adjourn 

When may be ordered generally 

Required on final vote on passage of bill or joint resolution.. 



15 


10 


1 


35 


6 


8 


6 


8 


6 


9 


6 


3 


1 


28 


1 


29 


1 


17 


5 


17 


6 


2 


6 


■ 2 


6 


2 


6 


2 


6 


4 


6 


6 


6 


8 


6 


8 


6 


9 


6 


1 


6 


1 


6 


1 


6 


1 


6 


7 


6 


7 


5 


18 


6 


5 


1 


20 


1 


13 


5 


10 


5 


10 


5 


19 


5 


18 


5 


18 


6 


9 


5 


14 


2 


2, 14 


2 


2 


2 


3 


2 


12 


10 


7 


1 


7 


1 


13 


1 


14 


1 


2 


4 


12 


4 


12 


4 


18 



ADDENDUM. 



[1865, p. 1. Approved and in force March 6, 1865.] 

650. Voters at school meetings. 15. Any person who is 
a voter at township elections, and has no chiklren in charge be- 
tween the ages of six and twenty-one years, by making aj)pli- 
cation to the Trustee of his township wliile the enumeration is 
being made, and by indicating to said Trustee his selection of 
the school to which he desires to be attached, may have his 
name listed by said Trustee on the enumeration list, and be 
attached to the school selected, and thus become entitled to the 
privileges of said school, and be a voter at its school meetings. 
Such persons, together with the parents, guardians and heads of 
families mentioned in section fourteen, and the persons trans- 
ferred from other townships and attached to said school, as pro- 
vided in sections fourteen and sixteen of this act, shall be the 
oniy persons entitled to vote at the meetings of the school so 
selected, and all other persons shall be excluded from voting at 
such meetings. 

1. Note. In Carnahan i;. State, 155 Ind. 156, the Supreme Court intimates 
that the above section is still in force, and calls attention to the fact that it has 
been omitted from all the revisions of the statutes of this State made since 1870. 

2. Section 14, referred to, is the section that preceded section 141 of this 
revision of the school law, and which takes the place of section 14; and section 
16 is the section that preceded section 142, and which takes its place. 

[1899, p. 240. Approved and in force March 3, 1899.] 

651. Traffic in examination questions. 10. That whoso- 
ever shall sell, trade, barter, or give away, or offer to sell, bar- 
ter or give away to applicants for license, or to any other person ; 
or whosoever shall buy, purchase, barter or trade for, or accept as 
donee, the questions prepared by the State Board of Education, 
to be used by County School Superintendents in the examination 
of teachers, or in any way dispose of or accept as donee said 
questions or otherwise, contrary to the rules prescribed by said 
State Board of Education, shall be deemed guilty of a misde- 
meanor, and on conviction shall be. fined in any sum not less 
than fifty nor more that five hundred dollars 

" (416) 



INDEX. 



ACCOUNTS PAGE. SEC. NOTE. 

Corrected by County Commissioners . . . , ^ 145 132 

Mistake in failure to keep, overpayment 127 .... 4 

Neglect to keep, no recovery for overpayment ........ 129 18 

Open to inspection 145 130-131 

Record of to be kept by Trustee , . . . , 130 106 

Trustees must keep , , 126 105 

ADVISORY BOARD— 

Adjournments of 264 346 

Annual meetings 266-270 348-353 

Attorney fees may pay 268 351 

Chairman of 264 346 

Duties , 264 346 

Election of members 264 346 

Estimate of expenditures 266-267 348-349 

Power of Board as to 267 349 

Financial record ...,.,. 269 352 

Meetings 264-270 346-353 

Special . . . , 268 351 

Members, election ......,..,..,. 264 346 

Notice of meetings 266 348 

Oath 264 346 

May administer to witnesses 270 353 

Pay of members 268 350 

Of Trustees, determines 273 356 

Quorum 264 346 

Record, keeps 264 346 

School houses, new . 272 355 

School supplies 272 355 

Settlements by Trustees with 270 353 

Failure to make 270 353 

Taxes, levies 264 346 

Taxpayers may attend 266 347 

Hearing have 266 347 

Terms of members 264 346 

AFFIDAVIT— 

Failure to give does not render law invalid 300 .... 1 

Publishers of school books to furnish 65 27 

27— ScH. Law. (417) 



418 SCHOOL LAW OF INDIANA. 

AGE - PAGE. SKC. NOTE. 

Children (of) subject to comi^ulsory Education Law . . . 260 334 

School children 151 141 

ALCOHOL— ' 

Effect on the human system to be taught 205 228 

Teachers examined as to effect 206 229 

Dismissal for refusing to teach 206 230 

ALIENS— 

When may be elected School Trustee 126 8 

APPARATUS— 

Trustee furnishes 131 108 

APPEAL— 

Dismissal of County Superintendent 93 .... 7 

Who serves in meantime 93 .... 7 

Examination, teachers may appeal from 97 2 

Excluding pupil from school 219 247 

Howtaken 219 .... 1 

Notice of, in suit brought 255 826 

School house 

Decision on final 208 .... 6 

Effectof 208 .... 2,4 

Petition for not necessary to authorize 209 1 

To County Superintendent — 

Decision of on local question final 256 327 

Director, from 219 247 

Location of school house 256 1,2 

Notice of hearing 255 326 

Record, Trustee refusing to make 257 6 

Refusing to decide 257 7 

School house, to build, no appeal 256-257 1, 8 

Time of 257 328 

Transfer , 257 .... 8 

Trial before, how conducted 257 .... 3 

Trustee, from 256 327 

To Superintendent of Public Instruction — 

Bond for costs necessary . . . : 257 

From County Superintendent 105 

How taken 105 

Trial, how conducted 257 

258 

Transfers, concerning 156 

156 
APPORTIONMENT— 

Amount of revenue apportioned 162 

How determined • • • • 162 

Congressional township fund 276 



328 




86 




86 






1 


.... 2, 


3,4 




3 




13 


156 






3 




2 



INDEX. 419 

APPORTIONMENT— Continued. page. sec. note. 

County Auditor to township 164 161 

Congressional township fund 164 161 

How made 164 161 

Method valid 165 1 

Keport as to ..... 164 161 

Kule for making 160 .... 4 

Diminished for Trustee's neglect to report 144 127 

Distribution to counties 162 158 

Dog fund, city entitled to a part 1 67 .... 1 

How made 167 2 

Town entitled -to a share of 167 1 

When made 166 163 

Enumeration, retaken, void for 159 149 

How made 162 156 

Interest on sinking fund 166 162 

Liquor license fund 276 2 

Law as to constitutional 162 .... 2 

Payment to counties 162 158 

Printed statement concerning 162 157 

Where filed • 162 157 

Reports from counties concerning 160 152 

Contents of 160 153 

Revenue of 56 13 

Superintendent of Public Instruction makes 160 151 

Revenue (of) makes 160-162 151-156 

Tax for school revenue for tuition fund 145 133 

Tuition, local, tax, is not 164 161 

TJnapportioned balances of revenue 164 160 

Warrant for given to County Treasurer 163 159 

What funds by County Auditor 276 2 

By Superintendent of Public Instruction 276 .... 2 

When made 160 151 

APPROPRIATIONS— 

Farmers' Institute, to support 361 621 

Normal School, for buildings 321 .... 1 

Repealed 363 624 

Purdue LTniversity, for, repealed 363 624 

School Book Commission, for 72-75-90 39-45-69 

State University, for, repealed 363 624 

Traveling expenses of Superintendent Public Instruction 57 15 

ASSAULT AND BATTERY— 

What is in punishing pupil 218 .... 3 

ATTORNEY FEES— 

Can not be deducted from school funds 278 .... 4 

276 .... 3, 4, 6 

County Superintendent, when liable on official bond for. 77 48 



SEC. 


NOTE. 


46-60 






4 




4 




3,4,6 


36 






26 


34 





420 SCHOOL LAW OP INDIANA. 

ATTOKNEY FEES- Continued. page. 

School books, suit concerning , 72-83 

School funds, can not be deducted from 54 

278 
276 
Suit on County Superintendent's bond concerning school 

books : 70 

Township not liable for 118 

Trustee in suit on official bond concerning school books. 70 

ATTORNEY-GENERAL— 

Sues School Book Contractor on bond, Avhen 90 70 

Suit concerning school fund, may bring '. 278 3, 6 

auditors- 
Co unty Auditors, see. 

AUTHOR— 

Revises his books, when 85 64 

School books, may furnish 65 27 

Gift of, may make 65 27 

BANK— 

Deposit of school funds in, liability 116 13 

BANK STOCK— 

Liable to tax levy 147 4 

BANK TAX FUND— 

Common school fund belongs to. 51-275 2-359 

BEQUEST— 

Donations, see. 

To schools 224 255 

BIBLE— 

Not to be excluded from schools 200 221 

Use of, in schools 200 .... 1, 2 

BLANKS— 

Superintendent of Public Instruction, prepare 58 18 

BONDS— 

Appeal from County Superintendent 257 328 

Cities may sell 168 164 

Donations for school house, to aid 224 255 

Interest on, rate of 224 255 

Issue of, limited 224 255 

Petition for issuance of 224 256 

Recording 224 256 

Registering 224 256 

Sale of bonds 225 267 

Vote necessary to authorize issuance 224 255 

Majority of, what is 224 256 



INDEX. 



421 



BONDS— Continued. page. 

Library for, issued by School Commissioners 239 

Denomination 239 

Interest, rate of 239 

Limit 239 

Renewal of forbidden 239 

Tax to pay 240 

School Commissioners may issue 178 

179 

Interest on, rate of 178 

179 

Limit of issue 178 

179 

School house to complete 168 

Denominations on 168 

Interest on 168 

Leave to issue, who grants 168 

Limit of amount 168 

Petition to secure issuance 168 

Tax to pay 170 

Application of 170 

Limit of 170 

School house, conditions authorizing issuance of 168 

169 

House, where located 169 

Law authorizing valid 169 

Tax for, must levy 171 

School house, to complete, enjoining issuance of 169 

Use of proceeds 170 

Bond to secure 170 

State University, non-negotiable, issued to 326 

Surplus special revenue paid on 141 

Payments heretofore legalized 142 

Taxation to pay 170 

Towns may sell , 168 

129 

Townships may issue, when 224-225 

129 
Transfers liable for tax to pay 170 

BONDS, OFFICIAL— 

Borrowed money, when does not cover 124 

City School Trustees give 119 

Amount 119 

Approval 119 

Treasurer of Board gives 119 

Amount 119 

County Superintendent gives 91 

Additional, concerning school books 70 

Liability on 70 



SEC. 

289 
289 
289 
289 
289 
290 
177 
178 
177 
178 
177 
178 
164 
164 
164 
164 
164 
164 
166 
166 
166 
164 



165 
165 
487 
123 
124 
166 
164 

255-257 

166 



100 

100 

100 

100 

100 

73 

35 

36 



11 



11 



422 SCHOOL LAW OF INDIANA. 

BONDS, OFFICIAL— Continued. page. sec. note. 

Obligation of 70 35 

Eemoval for neglecting to file 70 35 

94 .... 19 

Amount of ... r *. 91 73 

Approved by County Auditor 91 73 

Surety to be freeholder 91 73 

Damages, ten per cent, added in suit on 126 12 

Defects in, officer can not deny liability on 130 .... 21 

Extent of liability 126 .... 11, 13 

Overpayments by Township Trustees, set off 126 .... 7 

School books, bond on revision 89 68 

Contractor of, new, when gives 90 70 

Neglect to give 90 70 

Suit on, for sales of books 70 34 

Trustee liable for sales, on 76 46 

Trustee's 124 104 

Amount of 124 104 

Failure to report, liable on 144 127 

Loss of funds, liable on for 127 .... 2 

Neglect of duty 144 128 

127 .... 4 
School books, liable for_, on , 68 32 

73 42 

76 46 

Attorney fees, covers 83 60 

Judgment on, kind 83 60 

Neglect as to 83 60 

Township Trustee's, covers both civil and school 

township 126 .... 13 

Woman, married, can give 259 331 

BOOKS— 

Corrected by County Commissioners 145 132 

County Superintendent delivers to successor 100 80 

Delivering of to successor, secured by mandate 121 .... 12 

128 .... 5 

Inspecting, public may 131 .... 2 

School books, see 

Trustee's, open to inspection 145 130-131 

BOOKKEEPING— 

Forms and modes of, who prescribe 58 19 

BOONVILLE— 

Bonds, may issue 170 .... 8 

BOEKOWING MONEY— 

Funds on hand, none can be borrowed 116 .... 14 

Powers of Township Trustee as to 115 10 



INDEX. 423 

BORROWING SCHOOL FUND— page. sec. note. 

County Auditor can not 295 3 

282 .... 1, 2 

But if he does, he is liable to refund 30^2 . » . . 2 

Fund, see. 

BEANCHES TAUGHT 

Additional, when must be 204 227 

204 .... 1 

Alcohol, its effect 205 228 

German, when must be 204 227 

205 .... 6 

Latin, when may be 204 1 

Music, may be 205 .... 3 

Narcotics, its effects 205 228 

Voters of school district determine 207 232 

BRIBERY— 

What is, as to school officer 1S6 .... 24 

CALENDAR- 

Defined. 202 223 

certificate- 
Loss of, new one issued 292 .... 1 

CHILDREN— 
Pupils, see. 

CITY— 

Boards, see. 

County Superintendent has no control over 105 86 

106 .... 3 

107 88 

County Seminary can not purchase 169 7 

District school meeting does not have 207 1,4 

Dog Fund, entitled to a part of 167 1 

Forty-five to fifty-five thousand population 197-199 215-219 

Joint graded schools in 137 112 

Library, see. 

Name US 1 

Pupils outside admitted 170 166 

Revenue, interest in surplus 141 123 

School city, see. 

School Commissioners, see. 

School corporation is 118 99 

School house, see. 

Can not pay for out of general fund 142 1 

School Trustees, bonds give 119 100 

Election 119 100 

When held 119 100 

120 .... 2 



424 



SCHOOL LAW OF INDIANA. 



CITY— Continued. page. 

Failing to report, fined 144 

Lucrative, ofiice is 121 

Meetings of 119 

Oaths 119 

Organization of 119 

Pay of. 119 

How made 119 

President of Board 119 

Reorganization of Board, when 119 

Eesignations of 120 

School Board become 119 

Secretary of 119 

Terms of 119 

Treasurer of 119 

Bond of 119 

Vacancy in ofiice of 119 

Suit, may bring 118 

Cost of, when not recoverable 255 

How brings 255 

255 

Superintendent for, may employ 137 

Duties 137 

Salary of, how paid 137 

Truant ofiicers, duties as to 261 

CITY CLERK— 

A School Trustee may be 122 

CIVIL TOWNSHIP— 

Bond of Township Trustee, may sue on 115 

Contracts as to schools, can not make 114 

Intent to bind for school debt 115 

Devise to, when goes to school township 115 

Name, Courts will not take notice of 118 

Presumption from use of 115 

School house, can not build 115 

School tax, not liable for 115 

Townships, see. 

COLORED CHILDREN— 

Enumeration of 151 

155 

Law as to, constitutional 202 

Normal school admitted to 322 

Purdue University admitted to ^ 356 

Separate schools provided for 51 

202 

Higher grade for 202 

State University, admitted to 333 

Trustees can not be compelled to provide separate 
schools for 202 



SEC. NOTE. 

127 

6 
100 
100 
100 
100 
100 
100 
100 

3 
100 
100 
100 
100 
100 
100 
99 
325 
324 

.... 1,2 
111 
111 
111 
336 



20 

4 
1 

2 
3 
18 
6 
5 
9 



141 





7 




1,3 




3 




3 




5 


224 




216 





INDEX. 425 

COMMISSIONERS— page. sec. note.. 
School Commissioners, see. 

COMMON COUNCIL— 

Office of, not lucrative 122 16 

School Trustee elect 119 100 

When 119 100 

COMMON SCHOOL FUND— 

Fund, see. vi 

COMPLAINT— 

Effect of amendment on statute of limitation 118 17 

COMPULSORY EDUCATION LAW— 

Age of children subject to 260 334 

Attendance on private schools sufficient 260 334 

Blanks for 264 344 

City appoints truant officers 261 336 

Confirmed truant 263 341 

Maintenance 263 341 

Custodian of child liable to fine for disobeying 260 335 

Enumeration of children 263 343 

Exempt from, when child is 260 334 

Guardian liable to fine for disobeying 260 335 

Incorrigible 263 340 

Names furnished truant officer 264 344 

Notice to parent 260 335 

Parent of child liable to fine for disobeying 260 335 

Parental home 263 340 

Poor children assisted 262 339 

List of those aided 262 339 

Payment for, how made 262 339 

Postage 264 344 

Tax to support 263 342 

Town appoints 261 337 

Truant officer, appointment 260 335 

261 336 

City or town, for 261 336 

County, for 260 335 

Duties 260 335 

Notify custodian of child as to truancy 260 335 

Pay for ' 261 337 

Reports 262 338 

Term of 260 335 

W^hat children must attend 260 334 

CONGRESSIONAL TOWNSHIPS— 

Boundaries of 281 366 

Enumeration of, who takes in different townships 159 150 



426 



SCHOOL LAAV OF INDIANA. 



COJn'GEESSIONAL townships— Continued. page. 

Fund, belongs to schools 51 

275 

Consolidation of void 51 

Interest on, no deductions from 54 

What is 275 

Lands of 279-281 

Civil township, has charge of 131 

Drain, cost of, not taxable for 284 

Eevenue, of apportionment of 164 

CONSIDERATION— 

Township orders must have to be valid 117 

CONSTITUTION— 

Provisions with respect to schools , 50-54 

CONTAGIOUS DISEASES— 

Does not deprive teacher of his right to his salary 135 

Epidemics, see. 

CONTRACT— 

Abolition of school does not effect teacher's 123 

Blank in teachers, filling up by oral evidence 211 

Breaches of teacher's, township liable for 211 

- Civil township can not make for school township 114 

Intention to bind, considered 115 

Def acto Trustees may make 118 

122 
123 
214 

Furniture for, valid 133 

How made 114 

115 
133 

Illegal design of Trustee does not avoid 123 

Injunction to prevent execution of 216- 

Interest of Trustee in avoids 133 

Penalty as to 133 

Majority of Board of Trustees must make 123 

Notice of power of Trustee to make, must be taken .... 119 

116 

Old school board's binding on new board 121 

Ratification of, how done 122 

School township may make 114 

School Trustees, act as a unit in making 121 

Showing as to, what necessary to bind township 281 

Signing 123 



SEC. NOTE. 



359 



359 

363-365 

108 

161 



16 



19 



98 



32 

2, 3 

2 

1 

2 

19 

28 

35 

11 

10, 12 

1 

2 

13 

34 

15 

13 

13 

33 

10 

11 

11 

20 

14 

4 

31 



INDEX. 



427 



CONTRACT— Continued. page. 

Teacher, makes with toAvnsliip 132 

Can not be contrary to the law 214 

Verbal, not valid 132 

When can not make 132 

Township, what bound by 116 

Trustee can not contract with himself 132 

CONTRACTOR 

School books, see. 

Number needed, notified as to 68 32 

Report to, concerning number sold 70 36 

CONVERSION— 

Revenue for schools, what is a conversion of 127 .... 

CORPORATIONS- 

Civil and school are different 118 .... 

119 
Each municipal corporation is a school corporation, .. . 118 
Incorporating a town, school property within belongsto. 118 

Name of . 118 

Suit against, how sued 118 

May bring 118 

COUNTY— 

Common School Fund not demanding 53 

Liable for 52 

Receives 52 

Interest, liable for 287 

No deductions from 54 

Reimbursing for interest paid 289 

Rents of. Congressional Township Fund liable for .... 53 

Suits for, how brought 53 

To whom belongs 53 

School house, can not build 228 

Settlement as to school fund no bar to suit 54 

COUNTY AUDITOR— 

Account of School Trustees, examines 145 

Apportionment of school revenue, makes 164 

Penalty for neglect as to 164 

Bond of County Superintendent approved 91 

91 
Books of exanained by Superintendent of Public In- 
struction 56 

Bookkeeping, forms for provides 58 

Borrowing, school fund can not 282 .... 

City vSchool Trustees' bonds ajiproved 119 100 

Congressional Township Fund, duties as to 279 363 

282-283 368-372 



99 



99 

5 
4 
4 



131 
161 
161 



12 
19 



NOTE. 
6 
9 

6 

7 

11 

5 



19 



1,2 



428 



SCHOOL LAW OF INDIANA. 



COUNTY AUDITOR- Continued. page. 

Deeds for school land, makes 292 

293 
Election of County Superintendent, clerk of Board of . . 91 

91 

Casting vote gives 91 

91 

Declaring who elected, can not 91 

Eeports to Superintendent of Public Instruction . . 91 
Enumeration of children of Congressional township, 

divided 109 

Fees concerning school lands must be paid by county . . 284 

For posting notices as to 307 

School lands, sales of 290 

State University lands, sales of 350 

Foreclosure of School Fund mortgage, may make 307 

Judgment on 307 

Irregularities of does not invalidate loan 300 

Knowledge of prior mortgage does not invalidate scliool 

mortgage 295 

Loan to himself, can not make 295 

But mortgage valid 302 

Penalty for neglect to report amount of revenue 161 

Proceeds of sales of school section, manages 279 

Beport by not conclusive 52 

School Fund, condition of 316 

Distribution of 319 

School revenue 160-161 

Penalty for not making 161 

State University lands, sales of 350 

To Superintendent of Public Instruction 58 

Revenue, amount of reports 160 

Contents of 160 

School Funds — 

Accounts, keeps 278 

282-283 
318 

Condition of reports 283 

Distribution of 282 

319 

Eeports of . 319 

Penalty for not making 319 

Loans of, makes 295 

Acknowledgment takes 302 

Oaths, administers 302 

Realty mortgaged for 295 

Appraisement of 295 

Indemnifying bond 299 

Interest unpaid 303 



SEC. NOTE. 

401 
403 

73 

73 

73 

91 



393 

586 



155 



459 

465,466 

152-154 

155 

586 

17 

152 

153 

352 
369-372 
464 
371 
370 
465 
465 
466 
410 
428 
428 
410 
411 
424 
432 



INDEX. 

COUNTY AUDITOR— Continued. page. sec. 

Mortgage as to • 304-306 434-436 

Eeeordof 302 429-430 

Suit against to cancel 30o .... 

Salesof.., ^..... 306 436 

307-311 440-444 

Bids on 310 

Deeds under 312-313 447-449 

Satisfaction of - 307 

V/arrants for 

School Lands — 

Certificate of purchase. ■ 289 

292 400-401 

Assignmentof 290 394 

Deedfor 292 401 

293 403 

Purchase money, payment of 293 405 

Refunding of 293 405 



429 



439 
306 437 

391 



Sales of. 



597 

160 152 
153 
100 



11 



285 380 

287 382 

288 386 

292 402 

293 404 

294 406 
Sales of, fees for 285 380 

Ho\¥ paid - 284 

Suit for iirst payment 290 392 

For waste 288 385 

School revenue, reports as to 301-302 427-429 

Penalty for not making 302 430 

School Trustees, accounts inspects 290 393 

Special school tax levy, places on tax duplicate. . . 147 

148 136 

State University, sale of lands 350 586 

Fund of, manages • - 353 

Tax, reports to Superintendent of Public Instruc 

tion 

Contents of report 160 153 

Town Trustees, bonds approved 119 

Trustee, appoints to vacancy 124 104 

Law concerning repealed 124 o 

Reports to Superintendent of Public Instruction . . 124 104 

What funds apportions "'" 

COUNTY BOARD OF EDUCATION— 

Contracts can not make 112 • ■ • • 

111 2 

Course of study adopts • • ^^^ ••" 

113 .... 11 

County Superintendent president of HI ^7 

Duties, generally HI ^^ 



SEC. 


NOTB. 


97 




97 






O 

7-8 


97 




97 




97 




97 






2 


. . . . 


2 




2 


97 




97 






4 




4 


97 




97 




97 





430 SCHOOL LAW OF INDIANA. 

COUNTY BOAED OF EDUCATION-Continued. page. 

Formation of Ill 

Furniture for school, duty as to Ill 

Holidays, illegal rule as to 112 

Illegal rulings as to licenses 112 

Meetings, semi-annually Ill 

^ Powers of Ill 

President of, who is Ill 

Pro tempore Ill 

Quorum Ill 

111 

Eecord of proceedings kept 112 

Kules may adopt 112 

School matters in charge of Ill 

Text-books, changing Ill 

Law as to repealed 112 

Except as to High School 112 

Township libraries regulates Ill 

Trustee member of Ill 

Who compose , Ill 

COUNTY CLEEK— 

Eeports to Superintendent of Public Instruction. ..... , 58 17 

COUNTY COMMISSIONEES— 

Appeal from decision dismissing County Superintendent 85 .... 7 

Who serves in the meantime 85 .... 7 

Auditing Board, .see. 

Books and accounts of trustee corrects. 145 132 

127 .... 1 

Witnesses concerning may call 145 132 

County Auditor's report of examines 317 460 

County Superintendent may remove 84 73 

At special session 86 .... 20 

County Treasurer's report of examines 317 460 

Deficit in school fund makes up 278 2-5 

Eeport of School Trustee approved 126 105 

Efi'ect of 126 105 

Filed with County Auditor 126 105 

Eeport as to school fund 317 461 

Trustee's accounts, may inspect 317 460 

May remove, when 145 132 

Vacancy in Township? Trustee's office, fills 259 333 

COUNTY INSTITUTES— 

Institute, see. 

COUNTY SEMINAEY FUND— 

Common school fund belongs to 51-275 2-359 



INDEX. 



431 



COUNTY SUPEKINTENDENT— page. 

Advice of, no defense 127_^ 

Appeals from 105 

How taken 105 

Appointment of 91 

Apportionment of school revenue, makes 108 

Basis 109 

Duty as to 92 

Bond, official, gives 91 

Amount of 91 

Approval, County Auditor does 91 

94 

Failure to give, eflfect 94 

Special, gives concerning school books 70-76 

Obligation of 70-77 

Kemoval for neglect to give 70 

Surety must be a freeholder 91 

Books, delivers to successor 100 

Of accounts of Trustee inspects 145 

Witnesses as to may call 145 

Care and oversight of schools, has 106 

Changing site of school house, or on petition 211 

City exempt from authority of 105-107 

106 

County Board of Education, president of Ill 

County Institute, holds 230 

Course of study, when controls 106 

Damages, when liable for 98 

Decision, recording 105 

Defacto officer, who is 93 

Discretion of can not be controlled 98 

Dismissal of, appeal to Circuit Court as to 93 

Cause for 91 

Notice as to 91 

Petition for 91 

Trial for 91 

Who serves when ajjpeal has been taken 93 

Docket examined 110 

Duties, generally 105 

Election of, adjournment of without making 91 

Acquiescing in 93 

Ballots, using 93 

Testimony as to on contest 93 

Biennially held 91 

Casting vote. Auditor gives 91 

91 

Clerk of. Auditor is 91 

How held 91 

Mandamus to compel 92 



86 
86 
73 
90 

92 
73 
73 



35-47 

35-48 

35 

73 

80 

131 

131 

236 
86-88 

97 
267 



73 
73 
73 

93 
86 



73 

73 

73 
73 



19 
19 



3 
12 
11 
11 



432 



SCHOOL LAW OF INDIANA. 



COUNTY SUPEEINTENDENT— Continued. page. 

Mode of 92 

Questioning regularity of 94 

Quorum of Trustees, what is 92 

Quo warranto to test 93 

Sale of liquors during , 94 

Trustees elect 91 

Trustee can not vote for himself 94 

Incompetent to serve, effect 94 

Votes, number necessary 94 

Eligible to office, who is 93 

94 

Embezzlement as to school books 71-77-83 

Enumeration by, when takes 106-107 

Duty as to . . .' 159 

Failure to report, penalty 107 

How paid for making 106 

Eeport of examiner 159 

Eetakes, when 159 

Pay for 159 

Suit against Trustee, as to, brings 106 

Examination of teachers, conducts 95 

Private, can not hold 100 

When holds 100. 

Funds for schools, may sue for, when 110 

Impeachment 95 

Interest on fund, duty as to deficit 109 

Percentage, not paid to 109 

Judicial office, is not 94 

Liability for acts 99 

106 

Liability against, what is 112 

License, see. 

Must have 94 

Kevocation of 99 

Cause for 99 

99 

Effect 99 

Malicious act, liable for 98 

Mandamus to compel delivery of records 93 

To makeireport , 108 

Medium for school communications 105 

Oaths • 91 

Office, county required to provide for 95 

Opinions on school matters, gives 105 

Pay of, amount ; . . 109 

110 

How allowed 109 

How paid 109 



73 



74 

38-49-61 

87-89 

149 



149 
149 
149 

87 
77 
79 

93 

75 
92 
92 

77 
87 



74 
97 

97 

97 



93 

86 
73 

76 
86 
91 

91 
91 



NOTE. 

4 

15 

2 

6 

22 

16, 17 

21 

18 

5 



23 
11 



5 
13 



SEC. 


NOTB. 


91 




91 




94 




85 




80 






2 





1 



INDEX. 4B3 

COUNTY SUPERINTENDENT-Continued. ' page. 

Limit of 109 

Statistics, reporting 110 

Perquisites, not entitled to 109 

Private school, interest in 110 

Pupils, examines 104 

Record of proceeding, keeps 100 

Decisions, failing to enter in 105 

Parol evidence to prove contents 105 

Removal for failure to give bond 70 35 

Dismissal, see. 
Report, annually makes to Superintendent of Public 

Instruction 107 89 

Basis for revenue distribution 108 90 

Contents 107 89 

When makes 58 17 

School Trustees tiled with 126 105 

Statistical information of, makes 107 89 

To Board of County Commissioners 110 93 

To school book contractor 77 48 

Resignation, acceptance 93 .... 14 

Rules for schools, may adopt 122 23 

School books damaged, notice of gives 78 51 

Duty as to price, marks on 79 52 

Laws as to circulate 79-90 53-71 

Liable for sales of on official bond 70 36 

Money for sales of receives 69 33 

Notifies Trustee of receipt 68 32 

Number needed, certifies to 68 32 

Purchases from 68 32 

Requisition for, scales down 73-85 41-64 

Revision of, notice gives to Trustees 85 64 

Sales, reports to contractor 83 59 

Cash to accompany 83 59 

Contents of reports 83 59 

Duplicate, files in Auditor's offices 83 59 

Suit for sales, brings, when 70 34 

Unsold orders returned to contractor 73 42 

Credit for , 73 42 

J'reight on, who pays 73 42 

Schools, supervises 105 86 

School Examiner, office of abolished 91 73 

School fund, duty as to 110 93 

School house, decision as to final 257 .... 4 

Can not locate 169 2,4 

State Board of Education obeys 105 86 

State license, duty as to 101 81 

Statistics, furnishes 107 89 

28— ScH. Law. 



434 



SCHOOL LAW OF INDIANA. 



COUNTY- SUPERmTENDENT- Continued. page. 

Suit against Township Trustee, may bring 107 

School books, as to 76 

When brings 110 

Teachers, see. 

Teachers Institute encourages 105 

Term of office 91 

85 

Township Institutes, attends. 105 

Townsliip Trustees, elect 91 

Transfers, reports to County Auditor 148 

Trustees' accounts, inspects 145 

Vacancy in office, how filled 91 

Term of 91 

Vacates office by neglect 70-76 

Visits schools 105 

106 
Witness, competent as to enumeration 106 

COUNTY TEEASUEER— 

Incoming entitled to revenues 123 

Report as to school fund 316 

58 

To School Commissioners 238 

School lands, statement as to sales for 313 

School revenue for State, collects 304 

State University, reports to Trustees of 350 

Sales of lands, reports 350 

Special school tax, collects 147 

148 

Suit, may bring against predecessor. . 236 

Tax, pays to School Commissioners 238 

Receipt for receives on payment 238 

Report to makes 238 

COURSE OF STUDY— 

County Board of Education may adopt Ill 

116 

Legislature may adopt 115 

65 
COURTS— 

Jurisdiction not abridged by school law 105 

CRIMES— 

Changing site of schoolhouse, when forbidden 211 

Compulsory education law, violating 260 

County Auditor neglecting to make apportionment. . . . 164 

Doors of schoolhouse to swing outward 211 

Embezzlement of school book funds 71 

77 
83 



NOTE. 
1 



93 



73 

86 

73 

136 

131 

73 

73 

35-47 

86 

87 



457 
17 

287 
448 
434 
587 
587, 588 

136 



236 
335 
161 
237 

38 
49 
61 



38 



37 



287 




287 




287 






2 




11 




5, 6 




2 



INDEX. 



435 



CRIMES-Continued. 

Enumeration, false, making. , . . , 

Parent refusing to give 

Insulting teacher 

School books, embezzlement as to . 



Selling for more than price. 



School officer interested in contract 
Traffic in school questions 



DAMAGES— 

Ten per cent, penalty, when added in suit on bond. 



DEAD BODY— 

Money found on belongs to school fund 



PAGE. 


SEC. NOTE 


151 


141 


151 


141 


219 


248 » 


71 


38 


77 


49 


83 


61 


71 


37 


84 


62 


133 


IS 


416 


651 


126 


105 


126 


IS 


128 


e 



278 



DEALER— 

Merchant, see. 
School books, see. 

DEBT— 

Townships, how created 
Estopel to deny . . . . 



202 
117 



DECISION— 

County Superintendent failing to record. 



105 



DEED- 

Annexation to city or town, deed for school property. . 

Law as to valid 

County Commissioner's, on record of, deed for school 

lands 

Description in, defective, curing 

Evidence of steps of sale 

Record of, in County Commissioner's books, sale of 
school lands 



Sale of school property, trustee executes. 
Tender on sale of school lands. 



Trustee must secure for school property 

DEFICIT— 

County must make up in school funds. . 



DEVOTIONAL EXERCISES- 
Not to be enforced 



289 



200 



13 



25 



222 


252 




219 




1 


312 




1 


310 




13 


309 




2 


292 




1 


312 




1 


222 


252 




290 




1 


313 




3 


219 


249 




124 


102 





4-36 SCHOOL LAW OF INDIANA. 

DIRECTOE— PAGE. 

Appeal from 206 

Appointment by Trustee, when 206 

Election, when, where and how held 206 

Duties 217 

Excludes pupil, when 217 

Length of time 217 

Fuel and repairs, provides 217 

Notifies Township Trustee of his election 206 

'< Oath, must take 206 

President of school meeting, is 217 

Eemoval of, how secured 206 

School house, has charge of 217 

Vacancy in office of 207 

Visits, district school 217 

Voter of district, must be 206 

DISCEETION OF OFFICER— 

Not reviewed by the courts 136 

Officers not liable for exercise of 218 

DISTRICTS (SCHOOL)— 

Abolishing, Trustee may 208-136 

Annual meetings of voters of 206 

Director of elected at 206 231 

Choice of by patrons of school 154 .... 

In city or town 154 

DOCKET— 

County Superintendent examines 110 93 

DOG FUND— ' 

Apportioned to schools, when 166 163 

City entitled to a part of 167 .... 

How made 167 .... 

Town entitled to a part of 167 .... 

DONATIONS— 

Allowed 225 258 

Conditions 225 258 

Identity 227 262 

Income 226 260 

Trustee for 226 261 

To erect school building 224 255 

Conditional 224 255 

Loan to aid 224 255 

Interest on 224 255 

DOORS— 

Swing outward, must 211 237 

Crime as to 211 237 



SEC. 


NOTE. 


231 




231 


1 


231 




244 




246 


1 


246 




245 




231 




231 




244 




231 




245 




232 




246 




231 






26 




4 




5-25 


231 





INDEX. 437 

DKAIrsS PAGE. SEC. NOTE. 

Congressional township land not liable for 280 .... 4 

284 .... 2 

EDUCATION— 

To be free and uniform 51 2 

EJECTMENT— 

School house site, for, who brings 115 .... 5 

ELECTION— 

As to sale of lands 284, 285 374, 379 

County Superintendent, see. 

Acquiesence in 122 29 

Mandamus to compel 121 12 

School Commissioners, see. 

School Trustee, of city 119 100 

School Trustee, of town 119 100 

Superintendent of Public Instruction. 55 9 

Township Trustee, when held 259 332 

EMBEZZLEMENT— 

School books, concerning 71-77-83 38-49-61 

ENDOWMENT— 

Normal School tax 862 623 

Purdue University tax 362 623 

State University tax 362 623 

Tax for 325-327 485-490 

Permanent fund not affected by 363 624 

ENGLISH - 

Schools to be taught in English language 204 227 

ENUMERATION— 

Affidavit of parent or guardian as to ■ 151 141 

Apportionment of revenue according to 162 156 

Choice of school district made at time of taking 154 .... 4 

In city or town 154 .... 5 

Colored children, as to 155 .... 7 

Compulsory education law 263 343 

Congressional township in two or more counties 159 150 

Eeport as to 159 150 

AVho takes 159 150 

County Superintendent, when takes 106 87 

Failing to report as to 107 89 

False, making, penalty 151 141 

How taken 151 141 

Non- resident students, not to be 154 .... 3 

Oath of enumerator 151 141 

Per diem for taking 151 141 

Poor children, as to 203 1 



438 SCHOOL LAW OF INDIANA. 

ENUMEEATION— Continued. page. sec. note. 

Privileges of certain children 154 6 

Refusal of parents to give, penalty 151 141 

Report to County Superintendent 159 149 

Affidavit as to 159 149 

Examination by County Superintendent 159 149 

Report by Superintendent of Public Instruction to 

Governor 56 12 

Residence of minors, what is 151 .... 2 

154 .... 3 

Retaking, County Superintendent may require 159 149 

Pay for 159 149 

Superintendent of Public Instruction may require. 107 89 

Signature of custodian of child to, necessary 151 141 

Street numbers in cities taken 151 141 

Transfers, see 

Enumerated 151 141 

Trustee takes 151 141 

Liable for not taking 106 87 

When taken 151 141 

Who enumerated 151 141 

153 .... 1 
EPIDEMIC— 

Closing school on account of 135 .... 20 

Contagious diseases, see. 

Teacher can not be dismissed because of 214 .... 10 

ESCHEATS— 

Real estate, funds of, belong to 52 .... 4 

Sale of lands escheating 277 .... 15 

School fund belongs to ...... 277 .... 8 

277 .... 15 

51 2 

275 359 
ESTOPPEL— 

Married woman to deny validity of loan 301 .... 2 

305 .... 5, 6 

To dispute legality of sale of lands 290 .... 1 

Town to deny validity of transfer 156 .... 12 

ESTRAYS— 

Fund arising from belongs to schools 275 .... 1 

277 360 

276 .... 5 
EXAMINATIONS- 
HOW held 95 77 

License, see. 

Private, forbidden 100 79 

Public must be , 100 79 

Pupils for graduation , 104 85 



INDEX. 4S9 



SEC. 



EXAMINATIONS— Continued. page. 

Questions, traffic in an offense 416 651 

Special, when held 216 243 

Teachers, see. 

When held 100 1 

EXPENDITURES— 

Report concerning 131 107 

Report by Trustee as to 126 105 

Approval by County Commissioners, effect 126 105 

Contents of 126 105 

Filed with County Superintendent 126 105 

FARMERS' INSTITUTES— 

Purdue University holds 361 619 

Appropriation for 361 621 

Time and place of holding 362 623 

FEES— 

State license fee 61 , 1 

61 24 

Surplus, disposal of 63 25 

FINES— 

Belong to School Fund 51 .... 2 

275 359 

276 .... 7 

FIRE ESCAPES— 

Providing for 211 .... 1 

FORECLOSURE OF MORTGAGE— 

County Auditor may foreclose 307 .... 1 

Judgment on 307 3 

Mortgage, see. 

School Fund mortgages may be 304 , . . . 5 

FORFEITURES— 

Belong to common school fund 51 2 

275 359 

FORMS— 

Superintendent of Public Instruction prepares 58 18 

59 20 

Bookkeeping, as to 58 19 

FUEL— 

School director provides for schools 217 245 

FUND- 

Attorney fees can not be deducted from 54 .... 4 

Congressional township 275-283 359-372 

Apportionment 276 .... 2 

Belongs to inhabitants of 277 .... 9 



440 



SCHOOL LAW OF INDIANA. 



FUJS'D — Continued. page, sec. note, 

Corporations taxed for 51 2 

Cost of managing, how paid 53 .... 1 

Counties must preserve 277 

County Auditor must distribute 318 

Accounts with Congressional township, keeps 278 

279 
282-283 

Penalty for failure to distribute 319 

County Commissioners, report as to 317 

Examine, as to 317 

County Superintendent, duty as to 110 

May sue for, when 110 

Deficit in, notice of 277 

Made up by County Commissioners 278 

Diminished, can not be 52 

275 

Distributed among the counties 52 

Distribution, and report as to 319 

Diverted, can not be 52 

Escheats, belong to 51 

276 

Proceeds of realty belong to, when 52 

Estray fund belongs to 277 

62 
276 

Fees of officers can not be deducted from 276 

Fines belong to 51 

276 

Illegal deductions from 276 

Income for schools 52 

52 

Incorporating town, division of funds with 118 

Investment and distribution 52 4 

"Invest" means "to loan" 53 

Inviolably held for schools 53 7 

53 

Liquor license fees belong to , 277 

Mandamus to secure application of 277 

Miscellaneous account of 318 464 

Policy of the law as to distribution of 5c 

Principal can not be used 52 3 

52 

Property found on dead bodies belongs to 277 

Recovery of deductions from 276 

Peinstatement '^'^ ^ 

Eeinvestment for county, when 53 5 



361 

464 

362 

363 

369-372 

466 

461 

460 

93 

93 

361 

3 

359 

4 

465 



360 



2, 5 



1. 2 



2 
10 
11 



2 

12 

6 



INDEX. 441 



PAGE. 



SEC. 


NOTE. 




1 




2 




3 


459 




461, 462 




12, 13 





FUND— Continued. 

Rents of Congressional Township Fund 53 

Suit as to, how brought 53 

To whom belong 53 

Reports as to 316 

317, 318 

Of additions to 56 

Of County Auditor not conclusive 52 .... 

Revenue, see. 

Saline lands belong to 275-51 359-3 

School corporation receives 118 .... 

Separation of Congressional Township and Common 

School 279 

Settlement by County Commissioners not conclusive ... 54 

tSinking fund, interest to 166 

Statute of Limitations no bar to recovery for 53 

Superintendent of Public Instruction examines 58 

Swamp lands belong to 275 

Tax penalties does not belong to , ... 277 

Trust is, for common schools 53 

53 

Two different kinds of 275 

Unknown dead, money of goes to 277 

What consists of , 51-275 

FURNITURE— 

Contracts for valid 133 

Private school, Trustee can not provide for 136 

Providing, not bound to go in debt for 133 

Purchase by Trustee 131 108 

Promissory note given for valid 128 .... 9 

Special tax to pay for 150 139 

Supplies, see. 

Tax for, levy of 146 135 

Township liable for 133 12 

When contract for, not binding on townsliip 133 .... 12 

GENERAL ASSEMBLY— 

Powers to provide for schools 50 1 

51 .... 7 

GERMAN LANGUAGE— 

Petition for, to be taught 204 

AVhen must be taught 204 

205 
GOVERNOR— 

Proclamation concerning school books 68 

State Board of Education, a member of 59 

GRADED SCHOOLS— 

Admission to 131 

Trustee may establish 131 

134 
When should be established 134 





1 




3 


162 






2 


16 




359 






14 


7 






7 




1 




12 


•359 




... 10, 


12 




31 


... 


10 



227 


6 


31 




22 




108 




108 






14 




14 



BEC. NOTE. 



442 SCHOOL LAW OF INDIANA. 

GRADED JOINT SCHOOLS— paob. 

Cities and towns, in 137 112 

Establishment of 137 112 

Management of 137 112 

137 .... ], 3 

Title to grounds for 137 112 

School district, expense of 137 112 

GRADUATION— 

Pupils examined for 104 85 

GREEK SOCIETIES— 

Students may belong to 322 .... 2 

333 .... 2 

356 .... 2 
GUARDIAN - 

Compulsory education law, must obey 260 335 

Notice by truant officer to 260 336 

GROUNDS— 

Purchase of, how made 119 .... 5 

HIGH SCHOOLS— 

Examination of principals for 98 .... 7 

Text-books for 112 .... 4 

HIGHWAY— 

School property may be taken for 119 8 

220 ..... 4 

HISTORICAL SOCIETY— 

Appropriations for by county 252 319 

More than one in county 253 321 

Rooms for 252 319 

Control of 254 322 

254 323 

Society discontinued, effect 253 320 

Vaults for 254 322 

254 323 
HOLIDAYS- 

County Board of Education can not pass rules as to ... 112 8 

Teachers entitled to 213 .... 6 

HOME FOR FRIENDLESS WOMEN— 

Penalties, when go to support 52 .... 2 

HOUSE— 

School house, see. 

INDEBTEDNESS— 

Funding in large cities 192 

Mandamus to compel payment of 150 

Tax to pay 150 



202 
139 



INDEX. 443 

INJUNCTION PAGE. SEC. NOTE. 

Building of school house under fraudulent contract. . . . 228 .... 4 

To prevent violation of contract, does not lie 216 .... 15 

Use of school house for secular purpose 220 .... 1 

INJURY— 

School corporation not liable to person injured by defect. 209 .... 3 

INSPECTION— 

Of Trustee's books and papers 145 130 

County Commissioners inspect 145 131 

County Superintendent inspects 145 131 

INSTITUTES— 

County, appropriation for. 230 267 

County Superintendent, duty as to 230 1 

Schools closed during 230 268 

Sessions of 230 269 

Township, held once a month 229 266 

How conducted .? 229 266 

Penalty for failing to attend 229 266 

INTEREST— 

After maturity of loan 309 .... 10 

294 .... 2 

County liable for 287 1 

Deductions from Congressional township fund can not 

be made 54 .... 4 

Deficit in, duty of County Superintendent 109 92 

Per cent, not paid to County Superintendent 109 92 

Rate of on loans 278 .... 1 

294 407 

To aid donation for high school. , 224 255 

Reimbursement of county 289 .... 1 

Report as to amount collected 160 153 

Trustees, when not entitled to 124 4 

JOINT GRADED SCHOOLS— 

Establishment of 137 112 

Management of 137 112 

137 .... 1, 3 

Power as to 137 112 

Title to property 137 112 

JUDGMENT— 

County Superintendent against, concerning school books 70 36 

77 48 

Lien, when not on school land sold 289 .... 1 

School books, concerning 83-76-70 60-46-34 



444 SCHOOL LAW OP INDIANA. 

JUDICIAL NOTICE- p^ge. sec. note. 

Courts do not take, of certain substituted lands 280 .... 2 

Names of township, does not take of 117 .... 18 

119 .... 9 

Superintendent, election 93 73 8 

Townsiiip Trustee, powers of, as to 117 .... 18 

JUSTICE OF THE PEACE— 

School Trustee |Can not be 122 .... 17 

KINDEEGARTEN SCHOOLS— 

Establishment of 140 118 

Pupils in 140 118 

School revenue for tuition not to be used in 140 118 

Tax to support 140 118 

KNOWLEDGE AND LEARNING— 

To be taught in the schools 50 1 

LANDS— 

Appraisement for sale 314 454 

Reappraisement 314 454 

Common school fund, lands of^State belong to 51-275 2-359 

Condemnation for school house sites 227 263-265 

256 

Conveyance to county 313 450 

Appraisement of 288-310 387-443 

Congressional townships 279-281. 363-365 

Debt to improve, township trustee can not incur 281 .... 2 

Deeds for 315 455 

Forfeited, reappraised 311 445 

Deficiency in value made up 312 446 

How appraised 311-314 445-454 

Leasing, township trustee can not, when 281 .... 2 

Purchase by county of mortgaged lands 314 • 452 

Lease of, after purchase 314 452 

Sale of 314 454 

Appraisement 314 454 

Sale of, report of as to not conclusive 317 .... 1 

Sale of school lands, see. 

Sales legalized 315 455 

Surplus revenue, sale of 294 406 

Timber on, conditions as to 289 390 

LATIN— 

When may be taught 204 .... 1 

LAWS— 

Publication of 59 20 

LECTURES— 

Superintendent of Public Instruction delivers 57 14 



INDEX. 445 

LEGISLATURE — page. sec. note. 
Documents of received by Superintendent Public In- 
struction 59 21 

General Assembly, see. 

Power over school books 65 .... 2 

112 ....5,6,10 

Over rules for rules 112 .... 10 

100 .... 11 

LIBEL— 

County Superintendent may sue for, when 112 .... 9 

LIBRARY— 

City, free, public in 235 281 

Realty acquired for 236 284 

How paid for 236 285 

School Commissioners build 239 289 

Bonds for issued 239 289 

Interest on 239 289 

Limit of 239 289 

Renewing, can not 239 289 

Tax for 239-237 289-286 

Librarian 186 188 

Removal 187 188 

Tax to maintain 236-235 283-282 

City and town, donations to accepted 236 283 

Donations to 241 292 

Free, may establish 235 281 

Large cities 239 289 

248 304 

249 309 
Bonds for , . . 239 289 

Penalties, provide for 235 281 

Real estate for, may purchase 236 284 

Rules for, may adopt •. . . . 235 281 

Tax to support, limit 235-236 283 

Collection 235 283 

Disbursement 235 283 

When not to provide -235 281 

Private, building for 251 315 

Private, tax to support 235 282 

251 315 

Amount 236 283 

Collection 236 283 

Report of, additions to 143 126 

State Librarian, see. 

Town, tax to aid private library 235 282 

Amount 236 253 

Collection of 236 253 



446 SCHOOL LAW OF INDIANA. 

LIBRARY — Contsnued. page. sec. 

Township, book cases for 250 oil 

Free, to be 250 310 

Librarian for 250 311 

Notice concerning 250 311 

Office of abolished 251 316 

Discontinued 251 317 

Preservation of 250 311 

Report as to 250 '311 

Rules as to 250 311 

Sale of, can not be made 250 . 310 

234 277 

Tax .^ 233 276 

Township Trustee has charge of 250 310 

When open 250 312 

Where kept ._ 250 311 

Who may use 250 312 

Traveling library 231 271 

LIBRARY COMMISSION— 

Advice given concerning libraries 233 275 

Appropriation for 232 272, 274 

Associations for 232 273 

Books for 232 272 

Duties of 231 271 

Official documents . , 235 278 

Traveling libraries 231 271 

Use of books 232 273 

LIBRARY DONATIONS— 

Board, appointment 242 295 

Certificates of 243 295 

Organization 244 296 

Powers , 244 297 

Qualifications 242 294 

Removal 247 302 

Buildings for 244 298 

Certificate of membership 245 299 

City and town 241 292 

Donations of library 246 300 

Subscriptions for 241 292 

Collection 248 298 

Filed, when , 242 293 

Tax for 244 294 

How used 245 298 

Township may use , 245 299 

Treasurer's report 247 302 

Use of library 245 299 



INDEX. 447 

LICENSE PAGE. SEC. NOTE. 

Appeal concerning examination for 97 .... 2 

Certificate or license, no distinction as to 98 6 

County Board of Education no control over 98 7 

County Superintendent, see. 
Examination, see. 

How held 95 77 

Teacher exempt from 95 77 

98 .... 4 

Exemption license 103 82 

Expiration during term, effect 211 238 

Foreign State certificate 104 84 

Incompetent teacher, refusing license 97 .... 3 

Length of terms for 95 77 

Mandamus to compel issuing 99 9 

Professional license 95 77 

Defined 97 

Eules as to 61 

Eecord of kept 100 

104 

Report of who licensed 100 

Kevocation of 99 

Causes for ■ 99 

Effect on employment 99 

Special subjects, to teach 205 

Standard license 103 

State 101 

Teachers, see. 

Must have 211 238 

211 .... 1 

Trial license 95 77 

LIENS - 

Drains, sec. 

Judgment on school land held by certificate only 289 .... 1 

LIMITATION— 

Amendment of complaint does not bar 118 .... 17 

Statute of limitations, see. 

LIQUOR LICENSES— 

Apportioned by County Auditor to schools 276 2 

Belong to common school fund 275 359 

277 .... 10 

Report as to amount collected 160 153 

LIVERY hire- 
No allowance for 117 .... 20 





1 




2 


80 




83 




80 




78 




78 




78 






4 


81 




81 





448 SCHOOL LAW OP INDIANA. 

LOANS _ P^aE. 

Abstract of title required 295 

Affidavit of applicant for 299 

299 

ApportionrQent to townships 318 

Appraisement of land 295 

Borrowers, inhabitants preferred 296 

Execution against, without relief 307 

Fees, paid by 303 

Suit against, for deficit 307 

Bulletin board, concerning 295 

County may borrow 298 

Note of County 298 

Payment of loan 299 

Rate of interest 299 

Warrant of Auditor 298 

County Auditor makes 295 

Acknowledgments, may take 302 

Can not borrow 282 

295 

Oaths, may administer 302 

Evidence to show compliance with law 300 

Fund, must specify 305 

Interest, rate of 294 

297 

Non-payment of 303 

Irregularity of does not vitiate 300 

Liens, certificates required as to 229 

Amount of 297 

Bond of indemnity, against 229 

Limit 297 

Mortgages, see. 

Mortgage, form of 305 

Married women may take 301 

305 

Note, form of 306 

306 

Outside of county, can be made 296 

Old law as to 296 

Payment made to Treasurer. 306 

306 

Quietus for 306 

Percentage of value of bond 297 

Personal security on, can not be made 296 

Record and priority of 302 

Satisfaction of , 307 

Time of 301-297 

Transfer from one county to another 299 

Warrant for " 306-298 



SEC. 


NOTK. 


410 






1 


424 




463 




411-412 




413 




440 




431 




440 




409 




418 




419 




422 




421 




420 




410 




428 




.... 


1,2 




3 


428 






1 


435 




407 




404 




432 






3 


424 




415 




424 




415 




435-436 






2 




5, 6 




1 


436 




413 






1 




1,2 


438 




438 




416 






2 


429-430 




439 




426-417 




423 




437-420 





INDEX, 



449 



LOSS PAGE. 

County to make good to school fund 278 

LOTTERIES— 

In aid of schools, illegal 277 

LUCRATIVE OFFICE— 

Acceptance of, vacates former office 122 

Common Councilman's is not 122 

Trustee's office is ] 21 

125 

MANDAMUS— 

Admission to school, to obtain 155 

Books, to secure possession of 121 

128 

Can not be used to secure school funds 278 

Discretion of officer not reversed by 257 

Election of Trustees to compel 121 

License, to compel issuance of 99 

Ministerial duty, to compel performance of 99 

Officer compelled to perform duty by 136 

Pupil may be restored by 218 

Records of County Superintendent to recover 93 

Sale of lands, to compel 286 

School funds, application of to secure 277 

Report of County Superintendent 108 

Tax, to compel application to debt 150 

Township Trustees to assemble for election 92 

Trustee, tax levy, to place on duplicate 147 

MANUAL TRAINING SCHOOLS— 

Cities, certain may have 196 

Subjects taught in 1 96 

Tax to support 197 

Teachers for 196 

MANUSCRIPT— 

Purchase for school books 67 

MARRIED WOMEN— 

Borrowing school fund, may 305 

May secure 301 

Estoppel to deny validity of 301 

School officer may be 258 

Bond, official may give 259 

MECHANIC'S LIEN— 

Connot be taken on a school house 133 

136 

177 

29— vScH. Law. 



SEC. NOTE. 

.... 2, 5 



13 



21 

16 

6 

10 



12 
5 
7 
5 

12 
9 

10 

23 
5 

13 
1 

11 



99 



212 
213 
214 
213 



29 



1 

3 

2,3 





5,6 




2 




2 


330 




331 






13 




30 




5 



450 



SCHOOL LAW OP INDIANA. 



SEC. NOTE.. 
231 

232 
232 
232 
232 
232 
233 
232 
232 



56 
55 

25 



MEETINGS (DISTEICT)— . p^ge. 

Annually held 206 

District, see. 

How called 207 

Legality of, how settled 207 

Notice of, given 207 

School house, may ask for 207 

May direct repairs of 207 

Estimate of 209 

Studies determined by , 207 

Voters at 206 231, 

MERCHANTS— 

School books, may handle 81 

Purchasing price for 80 

MILEAGE— 

State Board of Education, members of, receive 63 

MINISTERIAL DUTY— 

Mandamus to compel performance 99 

MISTAKE— 

School officers not liable for, when 134 

MONEY— 

Advancing, township trustee may receive 130 

Borrowing, township trustee, when can not 128 

129 

Interest on, when trustee not entitled to 124 

Ownership of 130 

Receiving benefit of, township liable 128 

Title of in trustee 124 

Use of township, by trustee, not a conversion 124 

MORTGAGES— 

Acknowledged, must be 303 

Cancelling by suit, can not be 303 

305 

When must be 316 458 

Collected, when may be 304 .... 4 

Conveyance of land to county 313 450 

County Auditor, given for loan, is valid 302 2 

Decisions construing 305 455 1 

Deeds for land 315 .... 

Description of lands in 305 455 2, 3 

244 .... 13 

Endowment fund of State LTniversity, to secure '. 327 489 

Entry of satisfaction of, how made 307 .... 1 

Foreclosure, suit may be maintained for 304 .... 5 

By County Auditor 307 .... 1 

Judgment on 307 .... 3 



10 



18 

7, 9 
12 

4 
22 
8 
2 
2 

1 
3 

4 



INDEX. 451 

MORTGAGES— Continued. ^^^^ 

Fund secured by, failure to state 304 

Interest on after maturity 294 

309 

Lands mortgaged liable to taxes 302 

Lien is, without recording 302 

303 
Loans, see. 

Merged by foreclosure 310 

Notice of sale under must be given 307 

808 

Fees for posting 307 

Prior does not invalidate 295 

300 

Purchase of land by county 314 

Lease of 314 

Sale of 314 

Appraisement 314 

Recorded, when is so deemed 303 

Release of without payment void 304 

307 

Innocent purchaser protected 307 

Sale under, bid by County Auditors. . , 310 

310 

Cash not paid for 310 

How conducted 308 

In parcels , , 309 

Less than whole tract 309 

More than due, for 309 

Notice of 304 

307 
308 

Quieting title against 309 

Redemption from 309 

Reimbursing county for deficit 310 

Statute must be followed 309 

Subrogation of purchaser 313 

310 

Suit to foreclose 313 

« Surplus paid over to land-owner 310 

When valid 304 

"Without appraisement 309 

Suit for deficiency in 307 

310 

To cancel, can not be maintained 296 

Tax lien, superior to 313 

312 .... 2 

304 .... 2 

302 .... 3, 4 



SEC. 


NOTE. 




1 




23 


. , . . 


10 


. . . . 


4 


. . . . 


1,2 


.... 


2 




14 


. . . . 


1 


. . . . 


3 


. . . . 


2 




1 




2 


452 




452 




454 




454 






1 




3 




2,3 




3 




11 




2 




1 




1 




7 




2 




5 




1 




1 




3 




9 




6 




3 




1, 4 




6 


l'^^ 


12 




4 




1 




8 




2 




1 




4 




5 



452 SCHOOL LAW OF INDIANA. 

MUSIC PAGE. SEC. NOTE. 

Pupils may be required to study 113 11 

205 .... 3 

NAME— 

School corporation, takes from civil corporation 118 .... 1 

Townships, courts do not take notice of 118 .... 18 

NAKCOTICS- 

Effect of must be taught in schools 205 228 

Teacher examined as to 206 229 

Dismissal for refusing to teach 206 230 

NEGLECT— 

Trustee liable for on his bond, when 144 128 

NIGHT SCHOOLS— 

Established in large cities 141 121 

Hours of session 141 121 

Pupils who may attend 141 121-122 

NOEMAL SCHOOLS— 

Agent, pay of 324 483 

Appropriation for 321 .... 1 

363 624 

Building, contract for 321 473 

Christian morality to control 323 478 

Colored pupils admitted to 322 3 

Located at Terre Haute 321 472 

Model school to be organized 322 474 

President of 321 470 

Member State Board of Education 59 22 

Pupils, admission of 322 476 

Certificates to 323 481 

Diplomas to 323 481 

Qualifications for admission to 322 .... 2 

Reports to General Assembly 323 479 

To Governor 323 479 

Eules, may adopt 322 .... 2 

Secretary of 321 470 

Sectarianism forbidden 323 478 

Tax to support 362 623 

Amount of levy 362 623 

General appropriations repealed 363 624 

Permanent endowment not affected by 363 624 

Treasurer of 321 470 

Pay of 324 483 

Trustees, studies prescribed by 322 475 

Governor appoints 320 468 

Instructors elected by 322 475 

Organization of 321 470 



INDEX. 453 



SEC. 



NORMAL SCHOOLS— Continued. page. 

Trustees, pay of 324 482 

Proposal for donations 321 471 

Term of ofl&ce of 320 469 

Vacancies in 320 469 

Tuition free 323 477 

Visitors and their pay , 323 480 

NOTE- 

Promissory note, see. 

OATH— 

School officers may administer 258 329 

State Superintendent's 55 10 

OFFENSES— 

Crimes, see. 

OFFICE— 

County does not furnish County Superintendents with. .93 .... 

Rent 117 

109 

State Superintendent's, where located 55 

Women may hold 268 

Bond for, can file 259 

OFFICER— 

Damages, when not liable for 218 

Discretion of, not reviewed by the courts 136 

OPINIONS— 

State Superintendent gives 55 11 

Can not be used as a defense 56 .... 3 

Not bound to give to every person 56 .... 2 

PARENT— 

Compulsory educatian law, must obey 260 335 

Penalty for not 260 335 

Notice to, given by Truant Officer 260 335 

Pupil, see. 

PARENTAL HOME— 

Consent of parent as to putting his child in 263 340 

Refusing to give 263 340 

Establishment of 263 340 

Incorrigible child sent to, when 263 340 

PENALTIES— 

Belong to common school fund 51 1 

52 2 

When do not 52 2 

PETITION— 

Withdrawing signature from, when can not 293 .... 1 





20 




1, 2 


11 




330 




331 






5 




26 



454 



SCHOOL LAW OF INDIANA. 



PLANS FOR SCHOOLS— paob. 

Eeport of State Superintendent as to 66 

POOR— 

Children of, furnished with school books 75 

Limit 75 

Pupils, aee. 

PORTLAND— 

Bonds for 170 

PRIVATE SCHOOI 

County Superintendent can not conduct 110 

Use of public school house for 220 

Conditions of 220 

Reports by teacher as to 220 

PRIVATE SCHOOL HOUSE— 

Can not be repaired at public expense 208 

PROCLAMATION— 

Concerning school books 68 

PROMISSORY NOTP:— 
Borrowing money, see. 

Consideration, without, void 117 

134 

Conspiracy to defraud, invalidates 136 

Funds on hand, note void 116 

Furniture, given for, binding 128 

School books for, trustee can not give 128 

Suit on averments as to 116 

Township does not bind 129 

128 

When does bind 128 

129 
PROPERTY— 

School house, see. 

Title of joint graded schools 137 

137 

Trustee has care of 131 

Sells, when 222 

PROSECUTING ATTORNEY— 

Suit, brings, for Superintendent of Public Instruction. 58 

PUPILS— 

Assault on, what is 218 

Classified, may be 50 

Colored pupils, see. 

Higher grades for , 202 

May have separate schools 202 



SEC. NOTE. 

13 



43 
43 



94 
250 
250 
250 



31 



112 

108 
253 

16 



10 



16 
16 

28 

14 

9 

42 

10 

13 

8 

9 

12 



224 
224 



INDEX. 



455 



PUPILS— Continued. page. 

Compulsory education, see. 

Corporal punishment for 218 

Detention after school because of tardiness 134 

Director may exclude from school 217 

Length of time 21 7 

Disciplining, teacher maj' 217 

Dismissal, appeal as to 219 

How taken 219 

For breaking school property 218 

Examination by County Superintendent 104 

Exempt from compulsory education law, when 260 

Graduation of 122 

Incorrigible, sent to Parental Home 263 

Injured, school corporation not liable to 209 

Kindergartens, who may attend 118 

Mandamus lies to compel restoration 218 

Night schools, age of 141 

Poor, appropriation for 203 

Assisted by public 262 

List of those aided 262 

Matron of Orphans' Home provides for 203 

Instructs 203 

Payment for, how made 255 

Where accommodated 203 

Eesidence of, is that of parent 153 

154 

Kules of school must obey 122 

136 
Teacher rejaorts concerning 142 

PURDUE UNIVERSITY— 

Acceptance of grant for 361 

Agricultural College, scrip for 354 

Amendment or repeal of law, as to 357 

Appropriation for, repealed 363 

Colored students admitted to 353 

Dedication of streets by 356 

Of lands for streets 357 

Donations to 355 

Farmers' Institute, conduct 361 

Appropriation for 361 

Time and place of holding 361 

Funds of, how invested 359 

Donations by 355 

'Gift to Institute of Teclmology 360 

Terms of 360 

Institute of Technology 360 

Terms of 360 

Open to all 360 





3 




18 


246 




246 






1 


247 






1 




2 


85 




334 





341 

118 

122 
226 
339 
339 
225 
225 
235 



125 

622 
600 
610 
624 

607 
608 
603 
619 
621 
620 
617 
603 
618 
618 
618 
618 
618 



24 



1 
2 
3 

23 

-9.7 



456 SCHOOL LAW OF INDIANA. 

PUEDUE UNIVERSITY— Continued. page. sec. note. 

Ijocation of 355 604 

Xame, corporate of 355 605 

- - 356 606 

President of member of State Board of Education 79 22 

Appointment of 358 614 

Purdue, John, privileges of 357 609 

Eules, may adopt 356 .... 1 

Scrip, sale and investment of 354 602 

Secretary, appointment of 358 614 

State Chemist^ Prof, of Chemistry in 354 602 

Students, County Commissioners appoint two 359 615 

Number, limited 359 616 

Privileges allowed 359 615 

Pules, must obey 356 . . . .i 1 

Tax'to support ; . . 362 623 

Amount of levy for 362 623 

General appropriation for repealed 363 624 

Permanent endowment not affected by 363 624 

Treasurer, appointment of 363 624 

Treasurer, bond and duties 358 614 

Trustees, appointment of 354 601 

358 614 

Term of office 358 612 

Vacancies, how filled 358 613 ■ 

QUESTIONS— 

Traffic in a crime 416 651 

QUORUM— 

Township Trustee of to elect County Superintendent. . . 92 .... 2 

QUO WARRANTO— 

To test election of County Superintendent 93 6 

REAL ESTATE— 

Taking school property for highway 119 .... 8 

REAPPRAISEMENT— 

Forfeited lands to be 311 

Deficiency in made up by county 311 

How made 311 

RECOMMENDATIONS- 

State Superintendent makes 56 

RECORD— 

County Superintendent keeps 1 00 

Decision entering in 1 05 

Inspecting, public may 131 

Parol evidence of contents 105 

Township Trustee keeps ; 130 



445 




445 




445 




13 




80 . 


2 




2 




1 


106 





INDEX. 457 

REDEMPTION— 

From sale under school mortgage 286 .... 6 

287 .... 2 
REMOVAL— 

County Superintendent, of 91 73 

For neglect to give additional bond 70 35 

Director, of 206 231 

Pupil, of 217 246 

School House, see. 

Trustee, of 145 132 

RENTS- 

Congressional township, of, county liable for, when ... 53 .... 1 

Distribution of 280 1 

Suit for, how brought 53 .... 2 

To whom belongs 53 3 

REPORTS— 

Appointment of School Trustees to vacancy 124 104 

Repealed 124 5 

Apportionment of school revenue 108 90 

Basis for , 108 1 

County officers must make, when 58 17 

County Superintendent to school book contractor 77 48 

Duplicate of, where filed 77 48 

To County Commissioners 110 93 

County Treasurer makes monthly, when 239 287 

Receipt receives on for payments 236 285 

Election of County-Superintendent 91 73 

Enumeration of 151-159 141-149 

Affidavit concerning 159 149 

Failing to make, penalty as to 107 89 

Interest, as to amount collected 160 153 

Licenses granted teachers, concerning 100 80 

Liquor licenses, as to amount collected 160 153 

Observations (of) on school systems . . , 56 13 

Private school, as to, when taught in public school house. 220 250 

Receipts and expenditures, teachers make 131 107 

Sale of lands (of) can not be conclusive 317 1 

School books, annually only, when 75 44 

Contents of 75 44 

Concerning number needed 68 32 

By County Superintendent 68, 70 32, 36 

Dealer concerning sales made 82 58 

Copy sent to County Superintendent 82 58 

Receipt of. made to County Superintendent 73 42 

Sales of, made to County Superintendent 73 42 

Sales of, made to dealers , 81 56 



458 SCHOOL LAW OF INDIANA. 

EEPOETS— Continued. pagb. 

State Supt. Public Instruction to General Assembly ... 56 

Contents 56 

To Governor 56 

Contents 56 

Printing 56 

Distribution of 56 

Statistics (of), to County Superintendent 143 

Tax, amount reported to State Superintendent 160 

Contents of 1 60 

' Teachers to Trustees 142 

Contents 142 

Failure to make, no pay 142 

Suit for pay, proof as to right to 142 

Transfers, as to 155 

Trustees, when make 1 43 

Contents 1 43 

Failure to make, penalty. 144 

Of expenditures. . . 122 

Approval 122 

Effect 122 

Filed with County Superintendent 122 

KESIDENCE - 

Of minor ^. 153 

154 
EESIGNATION— 

County Superintendent 93 

Election to fill future racancy . . 126 

EEVENUE— 

Accounted for by trustee 122 

Anticipating, what may be 125 

Apportionment 56 

Made by County Superintendent 108 

Basis for... 108 

Apportionment, see. 

Congressional township, of, when divided, report as to. 161 

Conversion of, what is 124 

Distribution of to counties 162 

Division of on incorporating a town 118 

119 

Dog fund, a part of, when 166 

f City entitled to a part 166 

Town entitled to a part 166 

Equalization of 280 

Excess paid by county to State Treasurer 163 

Fund, see. 

Incoming treasurer entitled to ] 23 

Mav sue for 123 



BEC. ^ 


lOTE. 


13 




13 




12 




12 




13 




13 




126 




152 




153 




125 




125 




125 






2 


142 




126 




126 




327 




105 




105 




105 




105 






2 




3 




14 




6 


105 




13 





154 






1 


158 






4 




7 


163 






1 




1 




3 


159 






38 




37 



INDEX. 



459 



EEVENUE— Continued. p^ob,. 

Interest on sinking fund, is 166 

Loss, trustee liable for 127 

Management of 122 

Mixing with civil township funds, credit for 130 

Ownership of. .». 130 

Payment to counties 162 

Record of receipts and expenditures 130 

Eeport of State Superintendent 56 

To State Superintendent 160 

Contents of 1 60 

Penalty for neglect to make 161 

School buildings, special for 172 

School tuition fund not used for kindergartens 140 

Special school, proceeds of sale of property belonging to 222 

Surjihis 141 

142 
State Superintendent of Public Instruction examines . . 58 

57 

Superintends 55 

Surplus special school, to build school houses 172 

In cities and towns 141 

Tax for, State 145 

Town entitled to part of township, when 130 

Trustees receive 126 

Tuition, misapplication of 131 

Must not be used, when 1 30 

When must be expended 207 

Unapportioned balances 164. 

Unsafely invested, duty of State Superintendent as to. . 57 
Warrant to County Treasurer for 163 

EULES— 

Authority to adopt 1 22 

County Board of Education may adopt for schools Ill 

Library for, adoption 235 

School Commissioners may adopt 237 

Pupil bound to obey 1 22 

136 

Eeasonable, must be 121 

122 
134 
59 
218 
256 

Record of need not be made for schools 134 

School officers may make for schools 134 

135 



SBC. 

162 
105 



158 

106 

12, 13 

152 

153 

155 

168 

118 

252 

123 

124 

16 

14 

11 

168 

123 

133 

105 



19 
22 



24 



106 




232 




160 




14 




159 






22 




2 


281 




286 






23 




27 




15 


.... 19 


23 




18 


22 




• . . . 


2 




1 




18 




18 


.... 


21 



460 



SCHOOL LAW OF INDIANA. 



SALARY— P^GK. 

County Superintendent's 109 

School Commissioners receive none 177 

School Superintendent for city or town 137 

Scliool Trustee 119 

SALE OF MORTGAGED LANDS— 

Bid of County Auditor on, wlien 310 

Duty to bid in 310 

310 

Deed on, making 312 

313 

Recording 312 

Division of on sale, immaterial 308 

Judgment on foreclosure 309 

Merger of mortgage by 310 

Notice of 307 

Must be given 307 

308 

Portion sold 309 

Quieting title to 309 

Reappraisement of lands bid in 31 1 

Deficit in value made up 312 

Redemption from 309 

Resale 310 

Rate of interest on . . , . , 309 

Reimbursing county , 310 

Statement and record of 313 

Statute must be preserved 309 

310 

Subrogation when sale illegal 309 

Suit on note given for purchase money 310 

Surplus, who gets 311 

310 
Taxes, preventing of lien of ... , 311 

SALE OF SCHOOL LANDS 285 

Appraisement 314 

Reappraisement 31 4 

Certificate of purchase 292 

289 

Lost, proceedings thereon 291 

Record and assignment of 290 

Conveyance to county 313 

County Auditor gives quietus 292 

County Commissioners to order 285 

Deed, when to issue on 290 

292 

292 

Assignment, defective on 290 



SEC. 

91 
174 
111 

100 



443 



447 



441 



n 

2,3 
1 
1 

8 
14 



445 




446 






6 


443 






10 




3 


448 






2,4 




1 




12 




1 


444 






4 




2 


380 




454 




454 






1 


391 




398 




394 




450 




399 




380 






1 




1 


401 




395 





INDEX. 461 

SALE OF SCHOOL LANDS— Continued. page. eee. note. 

Election as to 284-285 374-379 

Estoppel to dispute validity of 290 .... 1 

Fees paid by purchaser 285 380 

Forfeiture prevented, how 287 383 

Mandate to compel 286 .... 1 

Notice of 307 441 

Payment, penalty for not making 290 393 

Deferred, when reported 286 381 

Indorsement of, where 292 400 

AVhen may be made 291 397 

Where to be made. . _ 292 399 

Petition for, how had , 284 1 

285 .... 1 

293 .... 2 

293 404 

Private, by Auditor, when 288 .... 1 

288 386 

Public, must be 286 .... 1 

Purchase by county of mortgaged lands 314 452 

Lease after purchase 314 452 

Sale of 314 454 

Purchase money is a loan, when 291 396 

Purchaser, possession by 290 392 

Enjoined, when 290 394 

Eights of, if title fails 293 405 

Waste, when liable for 288 384 

Kedemption from 288 2 

Kesale, forfeiture 288 .... 1 

Surplus revenue lands, of 294 406 

Terms of 286 381 

Timbered lands, conditions as to 286 381 

Title, when complete 293 403 

Voters for, who are 280 1 

Waste, suit for 288 385 

SALEM— 

Bonds for 170 ,... 9 

SALE OF SCHOOL HOUSE— 

How had 222 2 

SALINE FUND— 

Belongs to schools 51 .... 2 

275 359 
SCHOOLS— 

Abolishing, effect on teacher's contract 123 .... 32 

Alcohol, effect of must be taught in 205 228 

Appeal, concerning establishment of 256 327 

■ Bible not excluded from 200 221 



462 



SCHOOL LAW OF INDIANA. 



SCHOOLS— Continued. page. 

Branches taught in 204 

Additional, when taught 204 

German, when taught 204 

Compelled to teach 204 

205 

Latin taught in , 204 

Music taught in 205 

Care and oversight. County Superintendent has 105 

Classified, may be 50 

Closing because of epidemic 122 

During County Institutes 230 

Colored schools, see. 

County Superintendent visits 105 

106 

Devotional exercises in 206 

Discontinuance 210 

Discretion of trustee 210 

Petition as to- 210 

Eedistricting 210 

School house, new 210 

General, must be 50 

General Assembly's powers over 51 

German taught in 204 

Must be, when 204 

205 

Petition for 204 

Latin may be taught in 204 

Located by school trustee 131 

Music may be taught in 205 

Narcotics, effect of taught in 205 

Open to all, must be 50 

50 

Separation into departments. 134 

State institutions are 50 

Supplies for, purchased 272 

Term, length of 202 

Trustees, see. 

Uniform, must be 201 

201 

Who entitled to benefit of . . .^ 155 

SCHOOL AGE— 

From 7 to 14 260 

SCHOOL BOARD— 

Majority of members of control 228 

SCHOOL BONDS— 
Bonds, see. 



SEC. 


NOTE. 


227 




227 




227 






1 




6 




1 




3 


86 




. . . . 


4 




19, 20 



268 





3 




1 




2 




5, 6 




4 




2 




7 


227 






1 




6 


227 






1 


108 






3 


228 




1 






4 




14 




1 


355 




223 





222 



334 



INDEX. 



SCHOOL BOOKS— page, sec. 



463 



Appropriations for School Book Commissioners 72 



39 

75 45 

90 69 

27 
27 



Separate works, for 67 



40 
40 



27 



Author furnishing 6^ 

Bids, advertising for 6o 

For a history 72 40 

For a physiology ^2 

For a primary spelling book 72 

For revision of text hooks 84 63 

Completion of • 65 27 

From authors ^^ '^ 

Copyright to furnish 65 

From publishers "O 

Opening 66 28 

Eejecting 65 27 

Sealed, to be. 65 27 

Bond to accompany bids 65 27 

Given by County Superintendent 76 47 

Of Commissioners 64 26 

Choice of books, Legislature may make 65 

Cities (in) of 100,000 population, selection 186 

Constitutional acts as to, is 65 1, 2 

Contractor, bond must give 65 27 

90 70 

For revision 90 70 

New, when, must give 90 70 

85 64 

Neglect to give "70 

Consent files, for revision ; 84 63 

For sale of books by dealers 80 55 

Furnishes reports to State Superintendent 85 64 

How paid 68 30 

Contractor, reports to by County Superintendent 70 36 



188 



29 

Copyright, author to furnish 65 27 

County Board of Education adopts 97, 111 85 

County Superintendent, additional bond as to give 70 35 

Obligation of "^'^ 35 

Kemoval for neglect to give 70 35 

Certifies to number needed 68 32 

Liable for amount of sales of 70 36 

Purchaser for 68 3L 

Credit to trustee for books sold 73 42 

75 44 

Damaged, returned by trustee 78 



51 



Notice to contractor as to 78 51 



To County Superintendent as to 78 



51 



464 SCHOOL LAW OP INDIANA. 

SCHOOL BOOKS — Continued. page. sec. note. 

Dealer makes reports of sales 82 58 

Copy sent to County Superintendent 82 58 

Reductions to, of price 80 55 

Selling for more than price fixed 84 62 

Embezzlement concerning 83 61 

County Superintendent 71 38 

Of proceeds of sales of 77 49 

Fund out of whicli trustees pay for 73 42 

Geographies, how often revised 89 67 

Grammar, advertising for 72 40 

Intermediate, providing 88 65 

History, advertising for 72 40 

How often revised 89 67 

Intermediate book, revision of 84 63 

Grammar providing 88 65 

Price 88 65 

Size 88 65 

Judgment against County Superintendent as to 70 36 

Attorney fee to embrace 70 36 

For proceeds of sales *. 70 34 

Attorney fee to embrace 70 34 

Language, lessons providing 88 65 

Price 88 65 

Size 88 65 

Law concerning, printed and distributed 79 53 

Legislature may adopt 79 .... 6 

Liability of school officers for neglect 83 60 

Judgment against 83 60 

Manuscript for 67 29 

When to purchase 67 29 

Note for payment of, trustee can not give. . . . ; 73 42 

Notice of shipment, contractor to give 78 51 

Number for county, how ascertained 68 32 

For township 68 32 

Offense as to 71 37 

Opening package of, when done 78 51 

Payment for, when made 73 42 

Physiology, advertising for 72 40 

Poor children furnished with books 75 43 

Limit of 75 43 

Price sold at to patrons 66-72 28-40 

Dealers can not raise 80 55 

Intermediate grammar 88 65 

Printed on covers of 79 52 

Duty of school officers as to 79 52 

Exception as to copy book 79 52 

Reduction of, when 85 64 

Contractors declining to accept 85 64 

Selling for more than allowed, oftense 71-84 37-62 



INDEX. 465 

SCHOOL BOOKS — Continued. page. sec. note. 

Printing school book law 90 71 

Proclamation of Governor as to 68 31 

Purchasing, who may 68 32 

Pearlers, contents of 64 26 

Receipt of, acknowledging, by Trustees 73-68 42-32 

County Superintendent notifies Trustee 68 32 

Eeport as to, annually, when necessary only 75 44 

Contractor to, of proceeds of sale 77 48 

To furnish blank for 82 58 

County Superintendent to contractor of sales 70 36 

Quarterly, when not necessary 75 44 

Receipt of books, by Trustee 73 42 

Sales of, by County Superintendent, to contractor . 83 59 

Cash to accompany 83 59 

Contents of 83 . 59 

Duplicate filed with County Auditor ........ 83 59 

Dealer makes 82-81 58-56 

Sent to County Superintendent 82 58 

Quarterly, made 69 33 

To County Superintendent 73 42 

Requisitions for by County Superintendent 68 32 

By Township Trustee 73 41 

Limit of 73 41 

Scaling down 73-85 41 -64 

Returning unsold to contractor 73 42 

Credit for . . . 73 42 

Freight on, who pays 73 42 

Revision, contract for 89 68 

Contractor to consent 84 63 

Revision, cost of 84 63 

Geography, how often had 89 67 

Grammar, of 88 65 

History of, how often had 89 67 

Intermediate grammar 89 66 

Kotice to schools as to 85 -64 

Standard of 89 68 

Time to make 85 64 

Time to print 85 64 

When may be ordered 84 63 

Who makes , 84 63 

Sales of by dealers or merchants 80 55 

Cash for only ' 68 32 

Consent of contractor to 80 55 

Old books, providing for 68 32 

Proceeds of, how disposed of 73 42 

Price of 68 32 



30-ScH. L\w. 



466 SCHOOL LAW OF INDIANA. 

SCHOOL BOOKS— Continued. pag«. sec. 

Keport to contractors as to 7U oH 

Quarterly as to , 69 oo 

To County Superintendent 73 42 

Size of 64 26 

Spelling book, advertising for 72 40 

State Board of Education, duties concerning 64 26 

Notice of revision given 85 64 

State Superintendent of Public Instruction, duty as to 68 32 

State not liable for 68 30 

Suit for proceeds of sale of 76 46 

Attorney fee as to 76 46 

Judgment as to 76 46 

Contractor's bond on 90 70 

Attorney-General brings 90 70 

County Superintendent concerning 70 34 

Supplemental acts or law 80-91 54-72 

Text-books to be purchased 64 26 

Trustees can purchase for poor pupils 262 339 

Money for, pays County Superintendent 69 33 

Number needed, certifies to 68 32 

Personally liable for. 68-73-76 32-42-46 

Reports sales quarterly 68 32 

Uniformly bound, must be 78 50 

AVrapping for shipment 78 51 

SCHOOL CITY- 
City, see. 

Suit against, how brought 115 .... 

SCHOOL COEPORATION— 

City is 284 373 

Name of 283 372 

Process, how served on 255 326 

Town is 118 99 

Township is 114 98 

SCHOOL DIRECTORS— 
Directors, see. 

SCHOOL DISTRICT— 

District, see. 

School meetings, see. 

SCHOOL EXAMINERS— 

Duties of performed by County Superintendent 91 73 

SCHOOL COMMISSIONERS— 

Act of 1899 180-197 179-214 

Accountant 190 197 

Act of 1871 in force 180 ¥79 



INDEX. 467 

SCHOOL COMMISSIONEKS— Continued. p^ge. sec. note. 

Act, Advisory Board 185 18G 

Appropriation necessary 190 199 

189 195 

Auditor 188 191 

Bond 189 196 

Duties 188 191 

Pay 189 192 

Warrants 188 192 

Board, apjjropriations by committees 184 185 

185 184 

Legislative act 184 185 

Resolutions 184 185 

Director signs 184 1 85 

Books for schools 186 188 

Census, subsequent 196 211 

Commissioners 181 180 

Board 183 183 

Election 181 180 

Meetings 184 184 

Nominations 181 180 

Organization of Board . . 183 183 . 

President of 183 183 

Qualification 181 180 

Eemoval 195 209 

Rules 184 184 

Secretary of 183 183 

Terms 183 182 

Treasurer of 183 183 

Vice-President of 183 183 

Debt limit 194 206 

Director, bond 188 190 

Duties 185 187 

188 190 

Election 185 187 

Employes, selects 1 87 188 

Oath 187 188 

Powers 187 188 

Resolution, signs 184 185 

Term 187 188 

Eminent domain 195 208 

Employes, selection 187 188 

Discharging 187 188 

Examination 185 186 

Who are 184 184 

Funding debt ; 192 202 

Library 185 186 

Librarian, selection 186 188 

187 188 



468 SCHOOL LAW OF INDIANA. 

SCHOOL COMMISSIONERS— Continued. page. sec. note. 

Librarian, duties 186 188 

Oath 187 188 

Old board continued 193 205 

Payments to Treasurer 190 198 

Purchasing building sites 195 207 

Salaries of officers 184 184 

School house, bids for 191 201 

School law in force 193 204 

Superintendent, appointments by 186 188 

Assistants 185 186 

Election 186 188 

Oath 187 188 

Eemoval 187 188 

Term 186 188 

Tax levy 193 203 

To pay debts 196 210 

Teachers, selection 186 188 

Number 185 186 

Vacancies in office 1 84 184 

Warrants, who issues 188 192 

Illegal, when 189 194 

Proof of claim 189 193 

Board of 173-178 169-176 

Bonds to build school house 178-179 177, 178 

Certificates of members 174 171 

Districts, may change 173 170 

Duties and powers of 175 172 

Election of 173 169 

Library, bonds for may issue 239 289 

Interest on, rate of 239 289 

Limit of issue 239 289 

Penewing, can not 239 289 

Tax for 240 290 

Loans, may make 178 176 

Manual Training Schools, creating . 196 212 

Subjects brought in 196 212 

Tax to complete 197 214 

Teachers for 196 213 

Meetings of 177 1 74 

Organization of . . 1 74 171 

Pay, get none 176 174 

Poll tax, can not levy 176 .... 1 

President of 174 171 

Rules for library, may adopt 237 286 

School laws govern 178 175 

Secretary and treasurer of 174 171 

Taxes, how collected for 238 287 

Levy 237 286 



INDEX. 469 

SCHOOL COMMISSIONERS— Gontimied. page. 

Term of office 1 74 

Vacancies, how lilled 174 

SCHOOL HOUSES— 

Annexed territory in, belong to city or town 202 

Deed for 202 

Law as to val id 254 

Pay for 223 

Appeal concerning contract to build 256 

Location of, effect 208 

256 
256 
257 

Bonds to build, conditions authorizing 168 

169 

House, where located , 169 

Law authorizing valid 169 

Bonds to build, when may be issued 168 

Denominations of 168 

Interest payable semi-annually 168 

Leave to issue, who grants 168 

Limit of amount 168 

Petition for leave to issue 168 

Sale of 168 

Bonds to complete , 1 70 

Limit 170 

Tax to pay 170 

Use of proceeds 170 

Bond to secure 170 

City can not pay for out of general fund 142 .... 1 

Cities (in) of 100,000 191 201 

Civil township can not build 93 .... 6 

County can not build 132 .... 3 

228 .... 5 

Custody of, Trustee has 134 15 

Decision of County Superintendent as to location is 

final 257 

Defect in, not liable to child for injury to 209 

Director of school district has charge of 217 

Fuel for, purchase of 217 

Repairs, makes on 217 

Donations for 224 

Loan to aid donation 224 

Interest on 224 

Doors must swing outward 211 

Penalty for neglect as to 21 1 

Ejectment for, school corporation brings 115 .... 

Erection, petition for 207 232 

Estimate of cost of furnished by district meeting 209 .... 



SEC. 


NOTE. 


171 




171 




253 




253 






1 


254 






1 




2, 4 


327 






1 




9 


164 






1 




3 




2 


164 




164 




164 




164 




164 




164 




164 




165 




166 




166 




165 




165 







3 


245 




245 




245 




255 




255 




255 




237 




237 





470 



SCHOOL LAW OF INDIANA. 



SCPIOOL HOUSES -Continued. p^se. 

Extra territorial location, invalid 220 

Incorporating town, effect of school house without it. . . 118 

Enjoining erection of for fraud 228 

Joint for several school corporations 

Cost of 108 

Title to 108 

Location, appeal, decision of County Superintendent 

on, final 208 

Discretionary with Township Trustee 209 

228 

Powers of trustee as to 207 

Materials furnished for by taxpayer 146 

Mechanic's lien, can not be placed on 133 

136 
177 

Petition for additional, appeal 136 

Appeal lies on 209 

Need not originate at district meeting 209 

New, how authorized 272 

To erect 207 

To remove 207 

Possession of, Township Trustee has 217 

Private school house, can not be repaired 208 

Providing, not bound to go in debt for 133 

Purchase of grounds for, how made 121 

Kepairing, directors make 217 

How ordered 207 

Order for 209 

Petition for, sufficiency 209 

Private, repairing 1 36 

Sale of, petition for 207 

Deed given on 222 

Purchase money, where belongs 222 

When may be made 222 

222 

School corporation builds 228 

Must own or lease before repairing 136 

Site for, proceedings to obtain 227 

Appraisers of 228 

Report of 228 

Payment for 228 

Special tax to pay for 1-50 

Subscription for, conditional, siiit on 209 

Suit to set aside contract as to 133 

Surplus special school revenue to build 172 

Tax to build or repair 146 

To complete in towns 1.51 

To complete, petition for not necessary 169 





4 
4 


131 




131 






6 


.... 


9 




1 




1-4 


135 






13 




30 




5 


.... 


31 




1 




1 


355 




232 




232 





10 



245 




232 




234 




234 






32 


232 




252 




252 




252 






2 




2 




32 


263 




264 




264 




265 




139 






2 




13 


168 




135 




140 





SEC. 


KOTK. 


135 




249 






4 




1 




2 




2 


108 




232 




251 




251 




251 




250 




250 




250 





INDEX. 471 

SCHOOL HOUSES— Continued. page. 

Tax-payer furnishing supplies for, credit on tax 14G 

Title to in school corporation 219 

169 

Held in trust 219 

Town incorporating gets 220 

Contract for, when binding. . , . 228 

Trustees provide for 131 

May disregard petition for 207 

Use of for other than school purposes 221 

Equal privileges as to . . 221 

Petition for 221 

Private school, for 220 

Conditions as to 220 

Petition for 220 

Trustee's duty as to 221 .... 2 

SCHOOL LANDS— 

Adverse claims to can not be made 280 .... 5 

Drains can not be assessed for 280 .... 4 

Lands, see. 

SCHOOL MEETINGS— 

Appeal concerning 256 327 

District of, annually held 206 231 

Estimate of cost of repairs given 209 233 

Meetings, see. 

None held in city or town 213 .... 7 

207 .... 4 

Notice of, necessary 209 .... 7 

Others held on call of directors 207 232 

Legality of, Avho determines 207 232 

Notice of 207 232 

Want of not to vitiate 207 232 

Plurality vote controls 209 8 

Repairs to school houses ordered at 207 232 

Voters at, who are 206 .... 1 

207 .... 3 

207 232 

SCHOOL MONTH— 

Length of , 202 223 

SCHOOL ORDERS— 

Promissory notes, see. 

SCHOOL PROPERTY— 

Deed for must be secured 219 249 

Joint district, title to, how held 224 .... 1 

Lands, see. 
School houses, see. 

Title in school corporation 219 249 

"When may be sold 222 252 

222 2 



472 



SCHOOL LAW OF INDIANA. 



SCHOOL SECTION— page. 

Lands, see. 
Proceeds of sale of, who manages 279 

SCHOOL SUPPLIES— 

Suit to recover price of 116 

Teachers may testify concerning 116 

SCHOOL town- 
Tow n, see. 
Suit against, how brought 115 

SCHOOL TOWNSHIP— 

Banks, receiving funds of, liability 116 

Borrowing money, when liable for 115 

Suit against for, how brought 115 

Civil and school district 114 

Funds kept separate 114 

Contract, may make 114 

Corporation, is 114 

Devise, may be made to 114 

Ejectment for school house, may bring 115 

Funds of kept separate 114 

On hand, can not borrow more 116 

Name of 114 

Courts do not notice 116 

School house, builds 115 

School supplies, suit against to recover cost of 116 

SCHOOL TKUSTEES— 

Trustees, see. 

SCHOOL WEEK— 

Length of 202 

SCHOOL YEAR— 

When begins 207 

SEAL— 

State Board of Education of 59 

Record of 59 

SEMINARIES— 

Sale of lands void 52 

SETTLEMENT— 

County Treasurer make with State 162 

SINKING FUND— 

Interest of apportioned 166 

SIXTEENTH SECTION— 

Grant of was a contract 54 

Judicial notice of substituted section 280 



SEC. NOTE. 



12 
12 



98 



98 



223 

232 

22 

22 



158 

162 



13 

10 

10 

1 

1 



3 

5 

1 

14 

18 

5 

12 



4, 5 
2 



INDEX. _ 473 

SLArvDER — page. seo. note. 

Charge of cruelty against teacher, is not 215 16 

Libel, see. 

SPECIAL SCHOOL EEVENUE— 

Proceeds of sale of school property belong to 222 252 

STATE BOAKD OF EDUCATION— 

Books and papers of, where kept 59 22 

Open to inspection 59 22 

County Superintendent carries out orders of 105 86 

Duties and powers 60 23 

Fii-st Board, composition of .......= 60 , ^ . . 1 

Governor, member of 59 22 

Meetings of 59 22 

Stated, holds 61 24 

Membership of 59 22 

Mileage of members of 63 25 

How obtained 63 25 

Normal school, appoints visitors for 323 480 

Pay of members 63 25 

How obtained 63 25 

President of 59 22 

Of Purdue University, a member of 59 22 

Of State Normal, a member of ; 59 22 

Of State University, a member of 69 22 

School Book Commissioners are 53 .... 2 

Seal of 59 22 

Secretary of, and his duties 59 22 

State certificates, grants to teachers 61 24 

Signing, who does 61 24 

Who entitled to 61 24 

State Superintendent of Public Instruction a member of. 59 22 

State University Trustees, appoints 329 494 

Teachers' certificate, grants 61 24 

Treasurer of 59- 22 

STATE LIBRARY AND LIBRARIAN— 

Appropriation for 366 635 

Assembly, papers of, preserve 367 639 

Bond, ofBcial, of 364 628 

Books, purchases of 366 635 

Accounts of, keeps 365 633 

Catalogue of, keeps 365 633 

Exchanges for 366 635 

Injury or losing, punished 368 647 

Missing, duties of Librarian 368 642 

Purchases of 366 635 



474 SCHOOL LAW OF INDIANA. 

STATE LIBRAEY AND LIBRARIAN— Continued. page. sec. 

Books, removal of, forbidden 365 630 

368 646 

Reports names of, missing 368 642 

Use, not transferable 365 632 

Documents, collected and bound 366 637 

Election of 364 626 

Embezzlement by 367 641 

Exchanges and sales by 367 641 

Fines, pays, to State Treasurer 366 634 

Journals and laws, preserves 367 638 

Leaves and law books, keep separate 366 636 

Legislative papers, preserves 367 639 

Library, open, when 364 629 

Who may use 365 631 

Management of 364 625 

Removal of 368 645 

Report of ' 368 645 

Salary of 368 643 

Assistants, of 368 643 

Janitors, of 368 643 

State Board of Education controls 364 625 

Term of olBce 364 627 

STATE SUPERINTENDENT OF PUBLIC INSTRUCTION— 

Appeals to 257 328 

Apportionment, prints statement of 162 157 

Where filed 162 157 

Balance of, duty as to 164 160 

Revenue of, makes 160-178 151-176 

Appropriation for, annual 55 11 

Attendance on business of office 55 11 

Blanks, prepares 58 18 

Books and papers of office, keeps 55 11 

Delivers to successor 59 21 

Bookkeeping, forms for, prepares 58 19 

Clerks of office 55 11 

Additional 56 .... 

Correspondence, when reports 56 13 

Counties, must visit 56 13 

County Auditor's books, examines 57 14 

Defaulting, brings suit against 319 466 

School revenue, reports 160-161 152-155 

County Superintendent reports to 109 SO, 86 

Duties, generally 55 11 

57 14 

Prescribed by law 54 8 

Election of 54 S 

55 9 



INDEX. 475 

STATE LIBEARY AND LIBRARIAN— Continued. page. sec note. 

Enumeration, reports to Governor 56 12 

Forms, prepares 58 18 

Funds, supervises 58 16 

Deficit in, duties as to 277 361 

Diminution of county, when 161 155 

Report to, as to divided township 283 371 

Report as to 55 12, 13 

Suit for, may order 58 16 

General Assembly, reports to 56 13 

General superintendence of schools, has 55 11 

Governor, reports to 55 12 

Instructions furnishes 58 18 

Lectures on schools, delivers 57 1-4 

Legislative documents, receives 59 21 

Libraries, furnishes books to 59 21 

Normal School, is trustee of 320 468 

Oath of 55 10 

Office provided for 55 11 

Opinions, gives, on school law 55 11 

Can not be used as a defense 56 2, 3 

Plans for schools proposed 56 13 

Prosecuting Attorney may direct 58 16 

Recommendations made 56 13 

Reports to , 283 371 

286 381 

318 462 

58 17 

91 73 

100 80 

*■ V ^ V - 105 86 

124 104 

137 112 

160 to 161 152 to 155 

335 518 

From county officers, may require , . 58 17 

Reports to General Assembly 56 13 

Contents 56 13 

To Governor 56 13 

Contents 56 13 

Printing and distribution 56 13 

Revenue, apportions 56 13 

Reports as to 55, 56 12, 13 

Supervises 58 16 

Salary of 55 .... 1 

School books, duty as to 68-73-85 32-42-64 

School laws, prints and distributes 90 71 

79 53 

Opinions, gives on 55 11 



476 SCHOOL LAW OF INDIANA. 

STATE LIBRARY AND LIBRARIAN— Continued. page. sec. note. 

School officers, must meet 55 12 

Schools, manages business of 55 11 

State Board of Education, duties as to 59 22 

State University reports to 335 518 

Is visitor of 334 513 

Statistics reports 56 13 

Suit may bring to protect school fund , , 58 16 

Teachers, counsels with 56 13 

Term of office 54 8 

When begins '. 55 10 

Traveling expenses of 57 15 

Appropriation for 57 15 

Visits each county biennially 57 14 

STATISTICS— 

County Superintendent reports, when 107 89 

Kind to be reported 108 .... 1 

Pay for reporting 110 .... 4 

Superintendent of Public Instruction reports 56 13 

STATUTE OF LIMITATIONS— 

Does not run against school funds 53 .... 2 

Limitations, see. 

STUDY— 

Branches taught, see. 

Course of study, see. 

Authority of County Superintendent as to 106 .... 4 

General Assembly's power over 51 7 

Regulated by trustees 106 .... 4 

STATE UNIVERSITY— 

Agricultural department in 337 526 

Alumni, defined 330 499 

Annual meetings of 331 501 

Nomination of trustees by 331 500 

Method of voting for 331 502' 

Registering 330 499 

Appropriation for repealed 363 624 

Bond to, now negotiable 326 487 

Books from State Library to . . 337 529 

Building and repairs. Committee of 336 524 

Catalogue, how printed 336 .... 1 

Colored pupils admitted to , 333 .... 3 

Donations to by city, etc 353 ] 

Endowment tax for 325-327 485-490 

Establishment of 325 484 

Faculty of, lectures by 335 519 

Buildings cared for by 336 524 

Powers of i 332 507 

Vacancies in . o .,..-.,.., v ». 332 504 



INDEX. • 477 

STATE UNIVERSITY-Continued. page. sec. note. 

Fund of, how derived 338 531 

Borrower of, abstract rnade by 340 540 

Accounts with 343 556 

State Auditor's warrant to 340 541 

Loan of , 338 532 

343 557 

County Auditor makes now 353 597 

Interest on 339 536 

Judgment "for 341 545 

Liens, certificates as to 340 539 

Limit as to 339 535 

Mortgage, to secure 339 533 

Form of 339 533 

Priority of 340 537 

Recording of 340 538 

Satisfaction of 340 541 

Note for, form of 339 534 

Payment of 340 542 

Restrictions as to 339 535 

Unpaid, how collected 341 544 

State Auditor's pay for managing 344 560 

Can not loan now 353 597 

Treasurer's pay for managing 345 565 

Payments to 352 596 

340 542 

Receipt of 340 542 

Geological examinations 335 520 

Lands, how cared for 344 558 

Appraisement of 346 469-470 

Certificates of entry of 348 578 

Assignment of 348 578 

On cash sale 342 552 

Patent on 344 559 

Purchaser gets 347 576 

Record of 348 577 

County Auditor sells, when 346 571 

Lands, County Auditor's pay on sale 3.50 589 

Registers certificate. 348 577 

Report by, as to 350 586 

County officers' duty as to 352 595 

Lands, County Treasurer's pay for sales 350 589 

Reports by, as to 350 587 

Extension of payment on 345 f306 

Forfeiture prevented 345-348 567-581 

In Ringold County, Iowa 349 .... 1 

Money, how paid 344 562 

Notice of sale of 341-346 546-572 

Patent issued, when 349 585 



PAGE. SEC. 



478 ■ SCHOOL LAW OF INDIANA. 

STATE UNIVERSITY- Continued. 

Lands, Pay of Commissioners 345 563 

Payment of State Treasurer 350 588 

Purchase by Auditor, when 342 548 

Purchaser secures against waste 349 583 

Recording and patents 345 564 

Redemption of 349 582 

, Sale, place and manner of . , 346 572 

Certificate for deed 342 552 

Credit for interest, how 34-2 553 

Fees and damages 343 554 

Forfeited lands, of 845 568 

Mortgaged lands, of 341 547 

Overplus, disposition of 342 549 

Proceeds of ' 351 591 

Report of 351 592 

Re-sale by Auditor . . . -. 342 548 

Statement of 342 550 

Terms of 347 574 

Trustee must attend 351 593 

Surplus to forfeiting purchaser 350 590 

Title to, how evidenced 348 578 

Reverts to State, when 348 579 

State in, without deed 342 551 

Trustee attends sale 351 593 

Lands, can not buy 352 594 

Unsold, subject to private entry 347 575 

Lease of 344 560 

Waste, liability for 349 584 

Loans by 297 414 

Mineralogical collection 335 520 

Normal department of 336 525 

Old University site, sale of 353 2 

Private corporation, is 324 .... 1 

Proceeds of Seminary lands to 332 505 

Religious qualifications, none 333 508 

Report, annual, of trustees 336 522 

Printing of 336 521 

Superintendent Public Instruction, to 335 518 

Rules, students must obey 333 .... 1 

Scholarships transferable 337 527 

Perpetual, fee for 337 528 

Secret societies, adopting rules as to 333 .... 2 

Secretary, election of 328 491 

Duties of 334 516 

Sectarianism excluded 333 509 

Sessions of, notice 336 523 

State Geologists aid museum 33S 530 

Faculty belongs to 338 530 



INDEX. 



479 



STATE UNIVERSITY— Continued. page. sec. 

Students from each county 338 510 

Notice to counties about 333 511 

Religious test not required 333 508 

Tuition free for 333 510 

Tax to endow 325-326 485-487 

362-363 623-624 

Treasurer, election of 328 491 

Bond of 333 512 

Duties of 334 517 

Trustees, Board of 328 491 

Allowances, make 332 506 

Alumni elect part. 331 , 500-502 

First, who were 328 492 

Meetings, annual 332 503 

First, where held 329 493 

Pay of 329 495 

President of 328 491 

President State Board of Education 59 22 

Quorum of 332 504 

Report of 336 522 

Terms 329-330 496-498 

Vacancies 329 494 

333 504 

When elected 329 496 

Visitors, Board of 334 513 

Duties of 334 515 

Report as to absentees 334 514 

SUBROGATION— 

On void sale under mortgage 308 ..... 

313 

SUIT— 

Attorney-General may bring as to school funds. ....... 278 

Bond of Township Trustees, how brought upon 115 

City, how sued as to school matters 115 

Civil corporation, can not sue for school matters 119 

Congressional township fund for, how brought 317 

County Superintendent may sue Township Trustee. . . . 110 

To protect school fund 110 93 

Against for neglect as to enumeration 110 93 

Ejectment for school house site, who brings 115 

Foreclosure of mortgage 304 

307 

Deficiency, for 307 

How brought as to school matters 127 

255 324 
255 



12 
6 

3, 6 
4 
7 
5 
1 
1 



5 

5 

1,2 

3 

4 

1,2 



480 



SCHOOL LAW OP INDIANA. 



SUIT — Continued. page. 

Mortgage, to cancel 305 

303 
296 

Pleadings, must designate defendant 115 

Process in, how served 255 326' 

Prosecuting Attorney brings 58 16 

Eight to bring not abridged . 105 86 

School books, for proceeds of sale 70 34 

School corporation may bring 118 99 

How brought for or against 118 .... 

School supplies, averments in pleadings as to 116 .... 

School township may be sued 114 98 

May sue 114 98 

Settlement with county, when no bar to, by State 54 .... 

State Superintendent may bring 59 16 

Summons, who served upon 119 

Teacher, to recover wages 123 

211 

Wrongful dismissal, for 257 

Taxes for schools, civil township not liable as to 115 

To set aside contract, for friend 126 

Town, how sued 115 

121 

Township Trustee may sue predecessor 126 

Treasurer against predecessor 123 

Trustee against, by Count)' Commissioners 126 105 

Enumeration, liability as to 106 87 

On bond for school books 76 46 

Predecessor, may sue 129 .... 

Township debt can not be sued for 115 .... 

SULLIVAN— 

Bonds for. ... : 170 

summons- 
How served on school corporation 119 .... 

255 32.6 

Sufficiency, as to service 238 

SUPPLIES— 

Delivery to Township Trustee, what is not 136 .... 

Furniture, see. 

SUPERINTENDENT— 

Cities and towns of 137 111 

County Superintendent, see. 

State Superintendent of Public Instruction, see. 



NOTE. 

4 
3 
4 
6 



3 

12 



11 
36 



9 

13 

7 

7 

14 



17 

8 



11 



11 



29 



INDEX. 481 



PAGK. SEC. NOTE. 



SURPLUS REVENUE— 

Common school fund belongs to 51 2 

275 359 
Fund, see. 
Revenue, see. 

SWA^P LAND— 

Fund from belongs to common school fund 51 2 

275 359 
TARDINESS- 

Pupil may be detained for 134 . . , , 18 

TAX— 

Annually levied 145 133 

Apportionment of State, as to 145 133 

166 .... 7 

Bank stock liable for 147 4 

Bonds to complete school buildings 170 166 

Application of tax to 170 166 

Library, to pay for 240 290 

Collection of special school 147 .... 5 

148 136 

Compulsory education, for 263 342 

Constitutional limit 147 .... 6 

Corporations on, belong to school fund 51 2 

County Auditor assesses 148 136 

Treasurer collects 148 136 

Debts to pay 150 139 

Mandate to compel application of. 150 .... 1 

Endowment tax for Purdue University 362 623 

For State Normal 362 623 

For State University 362 623 

Exemption on certain 146 135 

Expenses of schools, for 146 135 

General Assembly does not levy. 51 .... 6 

Kindergartens, to support 140 118 

Lands mortgaged, is liable to , 302 .... 4 

Levy 264 346 

266 348 

Library, private, to aid 235 282 

251 315 

Amount of 288 385 

Collection 288 385 

Lien of, subject to school fund mortgage 304 .... 2 

302 .... 3 

Local tuition, anticipating 150 .... 1 

Collection 148 137 

Constitutional , is 148 .... 2 

Estimate of amount needed 148 137 

How expended 149 138 

Transfers, liable to 150 2 

31 — ScH. Law. 



482 



SCHOOL LAW OF INDIANA. 



TAX — Continued. page. 

Local tuition, unexpended balance deducted 148 

Who levies 148 

264 

Levy, by State 133 

General Assembly does not make 51 

Manuial training school, to support 197 

Mortgage for school fund, superior to 312 

313 
Penalty concerning does not belong to school fund .... 277 
Petition to levy tax to complete school house, not neces- 
sary 169 

Poll tax 133-148 

School Commissioners may levy for schools 237 

For support of library 237 

Quietus as to 239 

Eeceipt of receives 238 

Report as to 238 

School revenue for tuition fund 133 

Special school, collection of 147 

County Auditor places on tax duplicate 148 

Levy for school house and apparatus 146-150 

Paid to School Trustees 148 

Valid 147 

Who levies 147 

Town, levy for school houses 151 

For school tuition 151 

For bond tax levy 170 

Uniform, must be 146 

What is 147 

TAX TITLE— 

Subject to school fund mortgage 302 

304 
TEACHERS- 

Abolition of school does not annul contract with 123 

Alcohol and narcotics, effect of, must teach 205 

Dismissal for refusing to teach 206 

Appeal concerning dismissal of 256 

Assaulting, what is 219 

Bible, can not be compelled to use 200 

Blank, in contract with, filling by oral evidence 211 

City of 100,000, selection 188 

Contagious disease does not deprive of salary 135 

Contract, complaint to enforce, sufficiency , 123 

Blanks for 215 

Must not contravene the law 214 

Must be with school corporation 132 

Signing 123 

218 



SEC. NOTE. 
137 

1 

346 
133 



214 



133-137 

286 
286 
288 
287 
287 
133 

136 

135-139 

136 



140 
140 
166 
134 



228 
230 
237 



186 



240 



2 

5 

14 



1 

2,3,7 



3 

2 

32 



2 

2 
2,3 

19 
36 



31 
3 



INDEX. 



483 



TEACHERS— Continued. page. 

Contract, Verbal, is valid 132 

Written, must be 215 239 

Corporal punishment, may inflict 218 

De facto board or trustee may employ ... 122 

123 
218 

Dismissal by abolishing department, illegal 214 

Can not be except for cause 213 

In cities and towns 214 

Improper, school corporation liable 213 

211 

Injunction to prevent 214 

On petition 211 

For cause only 211 

Notice of, must be given 211 

Eef usal to teach effect of alcohol 206 

Vote of patrons not necessary 215 

Without cause 215 

Employment of 211 

131 

What is sufficient as to 214 

When must be given 216 

Who shall not be employed 211 

Epidemic, entitled to pay during 214 

Examination 95 

Exemption from, when 95 

98 

How conducted 95 

Principals of high school 98 

Public, must be 100 

Special 216 

Studies in 95 

When held 100 

^, Holidays, entitled to 213 

House for, must furnish 143 

Immorality sufficient to revoke license 100 

Insulting, penalty 219 

Judgment for services, how satisfied 165 

211 

License, must have 211 

211 

Expiring during terms 211 

Length of 95 

Not having employment, trustee liable 214 

License, professional, examination for 61 

Refusing, when County Superintendent liable 98 

Revocation of 99 78 

Practice 99 



238 
238 
238 
230 

17, 18 
238 
108 

242a 

238 

77 
77 

77 



3 
28 
35 
11 
13 

5 

I 

5 

2 

15 



18 



12 



10 



243 




77 






1 




6 




1 




3 


248 






2 




2 


238 






1 


238 




77 






8 




2 




3 



484 



SCHOOL LAW OF INDIANA, 



TEACHEES— Continued. page. 

License, Special 205 

State, issuance of 61 

Examination for 61 

P'ee for 61 

Old trustee can not employ 216 

Old law as to '. 123 

Patrons can not select 132 

Pay, lack of funds no defense to suit for 21 L 

None until makes report 142 

Eate 215 

Sufficiency of complaint to recover 216 

When forfeited '. 211 

When attending institute 230 

Principals of High Schools, examination of 98 

Protest against, effect 213 

Sufficiency of 213 

Pupil, power to discipline 217 

Eeport, must make 142 

Contents of 142 

Failure to make, part pay only 142 

Private school, as to, when to be made 220 

Suit for pay, proof as to 142 

Eesignation of 133 

Eules, may adopt 122 

Slander as to, what is 215 

State Board of Education issues State certificate to 61 

Fee for 61 

Signed by whom 61 

Subjects examined on 61 

AVho entitled to 61 

State Superintendent confers with 57 

Suit by, how brings for wages 211 

For dismissal, may bring 257 

Proof as to making report 142 

Term of employment, when begins 216 

Trustee not liable for pay of 165 

Who can not be employed 211 

TEACPIEES' INSTITUTE— 

County Superintendent encourages 105 

Institutes, see. 

TEEMS— 

Length of school 202 

Uniform, must be 201 



24 

24 
242a 



125 
241 



238 



125 
125 
125 
250 



24 
24 
24 

24 
14 



242a 



238 



86 



223 

222 



TEXT BOOKS— 

School books, see. 



INDEX. 485 

1 IE VOTji; page. sec. note. 

County Auditor gives casting, when 91 73 

TITLE— 

Joint district, liow held for sclirf)ol property 224 .... 1 

Joint graded school, how held for property of 137 112 

137 \... 1 

TOWN— 

Abandonment, township trustee takes charge of 124-132 101-102 4 

Bonds for buildings, may sell 168 164 

District school meetings, does not have 207 .... 1 

Dog Fund, entitled to a part of .... 1 

Incorporating, entitled to school house 220 .... 2 

To a division of School Fund 118 4 

136 .... 24 

Joint graded schools in 137 112 

Library, see. 

Name of 118 1 

Pupils outside may attend 170 166 

Schoolv corporation is 118 99 

School revenue, surplus in 141 123 

School town, see. 

School Trustees, election of 119 100 

Oath of 119 100 

Organization of 119 100 

Pay of 119 100 

How paid 119 100 

Reorganization of 119 100 

School Board constitutes 119 100 

Vacancy in board 119 100 

Suit against, how brought •. 121 .... 8 

How brings 255 324 

255 .... 1,2 

Costs of, when not recoverable 225 325 

May bring 118 99 

Superintendent for, employment of 137 111 

■ Duties 137 111 

Old board can not employ 133 .... 7 

Salary of 137 111 

Truant officers, duty as to 261 336 

Tax to complete school houses 152 140 

For schools 152 140 

Township revenue, entitled to a part of, when 166 .... 5 

Township Trustee, when assumes control of 124 103 

Trustees, see. 

Bonds, gives 119 100 

Election of 119 .... 2 

119 100 ■ 

Fined for not reporting 144 127 



486 SCHOOL LAW OF INDIANA. 

TOWN — Continued. page. sec. 

Trustees, office of lucrative 121 .... 

President of Board of 119 100 

Resignations of 120 .... 

Secretary of Board of 119 100 

Township Trustee may be elected member of Board 

of 120 

Treasurer of Board of 119 100 

When not to be elected 124 101 

Unincorporated, bequest to aid 224 255 

Bonds for 224 255 

Petition for 224-225 255-257 

Sale of 225 257 

TOWNSHIPS— 

Civil township, see. 

Corporation, is 114 98 

Incorporating town within, school house belongs to. . . . 118 

Judicial notice not taken of 119 

Liability for supplies 129 

Name of 118 

Promissory note, see. 

School corporation, is 118 

Who trustee of 118 

Suit, how brings 255 

255 
114 

Costs of, when not recoverable 255 

May be sued 114 98 

118 99 

Town incorporating entitled to part of revenue of 130 .... 24 

TOWNSHIP INSTITUTES— , ' 

County Superintendent visits 105 86 

Institute, see. 

TOWNSHIP ORDERS- 

Consideration, none, order void 117 .... 16 

Conspiracy to issue, avoids 117 15 

Promissory note, see. 

Trustee not liable on 117 .... 24 

117 .... 22, 23 

TOWNSHIP TRUSTEE— 

Accounts of open to inspection 145 130, 131 

Correction of 145 132 

Keeps 126 105 

Reports as to 126 105 

Approval, effect 126 105 

Contents of 126 105 

Filed with County Superintendent 126 105 





4 




9 




14 




1 


99 




99 




324 






1, 2 


98 




325 





INDEX. 487 



TOWNSHIP TRUSTEES— Continued. p^oe 

Advances, making, may recover, when 129 

Advisory Board, see. 

Annual statement of receipts and expenditures 131 

Appeal from 256 

Apparatus, purchases for schools 131 

Auditing board, see. 

Bond of, approved by County Auditor 124 

Borrowed money does not cover 124 

Covers both civil and school township funds 126 

How sued on 115 

Borrowing money, can not 128 

129 

Township receiving benefit of 128 

Bribing, what is 136 

Cash, advancing to teachers, allowance for 214 

Compulsory education, duties as to 263 

264 

Contracts, can not make with himself 132 

Notice of power to make 119 

Power to bind township , 116 

Course of study in schools, controls 106 

County Board of Education, member of Ill 

Debt, power to incur 202 

Deed, executes for annexed school house 222 

Must secure, when 219 

De facto officer, who is 121 

Contracts of, binding.. 117 

122 
130 

Directors, appoints, when 206 

Discretion of, not reviewed 136 

Duties to schools, generally 131 

Educational affairs of township, takes charge of 131 

Election of, when held 259 

Election of County Superintendent, adjournment with- 
out 92 

Mandamus to compel 92 

Meeting to hold 92 

Present and not voting 94 

Quorum for 92 

Eligibility of 125 

Embezzlement as to school books 71 

77 
83 

Enumeration takes 151 

Affidavit as to 159 

Failing to make, liable for cost of 106 

Eeports to County Superintendent as to 159 



SEC 


NOTE. 




18 


107 




327 




108 




104 






1 




13 




4 




7,9 




12 




8 




24 




14 


343 




341 






5 




10 




11 




4 


97 




252 




249 






8 




19 




28 




21 


231 






26 


108 




108 




332 







3 




16 




2 




8 


38 




49 




61 




141 




149 




87 





48rf 



SCHOOL LAW OP INDIANA. 



TOWNSHIP TRUSTEES— Continued. page. 

Estimate of expenditures 267 

Fine lor failing to serve 144 

Furniture, provides ' 131 

Graded schools, may establish 131 

Admission to 131 

.loint in cities and towns 137 

House, has charge of 134 

Judicial notice taken of powers of 118 

Justice of the Peace can not be 122 

Land, congressional, has charge of 131 

Duties as to 279-294 

Leasing school lands without vote, can not. 281 

Liability and suit against ^ 126 

For township debt 115-126 

Library, see. 

Annual Report of additions 143 

Mandamus against to compel delivery of records 121 

To compel election of County Superintendent 121 

Mistake, not liable for, when 34 

Money, of township, title to, has 124 

interest on, when not entitled to 124 

When not a conversion of 124 

Neglect of duties, liability for 144 

-Oath, failure to take 123 

Office of is lucrative 125 

May be abolished 121 

Over payments, recovery 125 

129 

Powers 132 

Property of schools, has charge of 131 

Receipt of school books acknowledges 73 

Record of finances, keeps 269 

Refunding to, act as to void. 130 

Reports to County Superintendent of receipt of school 
books 73 

Of sales of school books 73 

82 

To State Superintendent 58 

Report, when makes 143 

Contents of 143 

Report, failure to make, penalty 144 

Files with County Superintendent 126-143 

Teachers make to 143 

Requisitions for school books makes 73 

Limit of 73 

Scaling down 73 

Resignations, filling vacancies 125 



SEC. 


NOTE. 


349 




129 




108 




108 




108 




112 






15 




18 




17 


108 




363-406 





105 



126 



128 



108 

42 

352 



42 

42 

58 

17 

126 

126 

127 

105-126 

125 

41 

41 

41 



15 



12 
12 
18 



39 
10 
10 



23 



INDEX. 489 

TOWNSHIP TRUSTEES— Continued. page. sec. note. 

Kevenue for tuition, duties to 130 106 

Former acts legalized 142 124 

Manages 130 105 

Receives 130 105 

Rules, may adopt 122 .... 22 

School books, cares for 78 51 

Damaged returned 78 51 

Notifies County Superintendent as to 78 51 

Duty as to price marks 79 52 

Failure to perform duty as to 83 60 

Judgment for 83 60 

Liable for, when 73 42 

Money for, receives 69 33 

Note in payment, can not give 73 42 

Over purchase of 78 51 

Pays for, when 73 42 

How 73 42 

Personally liable for 68 32 

Receipt for, gives 68 32 

Reports sales to dealers 81 56 

Makes quarterly 69 33 

Takes charge of 68 32 

School houses, see. * 

Numbers 201 222 

Schools, locates 131 108_^ 

School lands, has charge of 279 362 

Income from reports 279 362 

Leasing by 280 364 

Can not without vote 281 .... 2 

Petition for sale of 293 404 

Powers as to 284 373 

Purchaser enjoined by 286 381 

Rents of, liable on bond for 280 .... 1 

School section managed by 281 365 

Vote as to sale of, certifies 285 378 

Settlement makes 270 353 

Special tax for schools, levies 1 47 .... 2, 3, 4 

Statements, yearly, must make 131 107 

Sues predecessors 126 .... 14 

Suits against by County Superintendent 106 87 

Tax, annual levy makes 148 137 

Special levy, to pay debts 150 139 

Teachers, employs 131 108 

Not liable to for pay 165 .... 3 

Terms of office 259, 172 332, 354 

To fill vacancy 1 25 5 

Towns or cities, extension of 121 .... 13 

Abandoning organization 132 .... 4 



490 



SCHOOL LAW OF INDIANA. 



TOWNSHIP TRUSTEES— Continued. p^ge. sec. note. 

Towns or cities, Assumes control of schools, when 124 103 

Township Trustee is School Trustee 118 99 

Transfers, makes 155 142 

Tuition, misapplying, liability 131 .... 1 

Vacancy in office, how filled 259 333 

260 .... 2 

125 .... 5 

124 104 

TRANSFERS— 

Appeal concerning 256 327 

257 

On refusal to make 156 

When decision on is final 156 

Better accommodations, what are 156 

Bond tax, liable for 170 166 

Corporations to which transfer is made must receive . . 156 

County Auditor's duty as to 156 

Enumeration of persons transferred 151 141 

Land of taxable 156 

Law as to taxation of land is valid 170 

Request for necessary 155 142 

Taxing person and property transferred 156 

156 

170 

When not liable for 170 166 

To what corporation 156 

When can not be disputed 156 

When must be made 155 142 

155 



13 
13 

5 

10 
6 



1 

7 

8 

3,4 

4 
12 



TRAVELING EXPENSES- 
Appropriation for 



57 



15 



TRAVELING LIBRARY— 

Library commission, see. 



TRIAL - 

On appeal from Township Trustee 256 

On appeal from County Superintendent 257 

How conducted 258 

TRUANT OFFICER— 

Appointment for county 260 

For city or town 261 

Duties of 260 

Pay of, for services 261 

Reports 262 

Truancy, notice of, gives 260 



327 
328 



335 

336 
335 
337 
338 
335 



INDEX. 491 

TKUSTEES, SCHOOL BOARD— page. 

Accounts, must keep 126 

Acts as a unit 121 

Two acting together, majority 122 

Bond of 119 

Approval of, by County Auditor 124 

City, bonds (official) give 119 

City Clerk may be 122 

De facto, old, holding over, when not 125 

May make contracts 123 

Defalcation, only one making liable 122 

Election of 119 

How elected 119 

Irregularity as to, acquiescence in 122 

Time of 120 

Majority of, can only bind board 122 

123 

Meetings of 119 

Number of, needed 68 

Names reported to State Superintendent 124 

Oath of 119 

Office of, is lucrative 121 

Old hoard, acts of, binding on 121 

123 

Organization of 119 

Bonds of 119 

Pay of 119 

How paid 119 

President of 119 

Keorganization of, when to be made 119 

Report to County Commissioners 126 

Resignations of 119 

Revenue, special, manages 126 

School Board, of city, becomes 119 

Secretary of 119 

Superintendent may employ 137 

Terms of 119 

City, treasurer of 119 

Bond of 119 

Vacancy in 119 

When elected 119 

Town, bonds gives 119 

Election of 119 

Time of 119 

When not held 124 

Oath of 119 

Office of, lucrative 121 .... 

Organization of 119 100 



SEC. 


NOTE. 


105 






14 




25 


100 




104 




100 






20 




9 




35 




27 


100 




100 






29 




2 




18 




33 


100 




32 




104 




100 






6 




11 




30 


100 




100 




100 




100 




100 




100 




105 






3 


105 




100 




100 




111 




100 




100 




100 




100 




100 




100 




100 






2 


101 




100 





492 ■ SCHOOL LAW OP INDIANA. 

TRUSTEES, SCHOOL BOARD— Continued. page. sec. note. 

Pay of 119 100 

How paid 119 100 

President of 119 100 

Reorganization of 119 100 

Resignation of 119 .... 3 

School board constitutes 119 100 

Secretary of 119 100 

Town trustee may become school town trustee 119 .... 1 

Treasurer of 119 100 

Bond of 119 100 

Vacancy in board 119 100 

Township Trustee, see. 

TUITION— 

Free, must be 50 

Fund of, wliat consists of 275 

Local, how expended 149 

Anticipating 150 

Not apportioned by County Auditor. 164 

Transferred persons subject to 150 

Revenue, see. 

Tax for 148 

Collection 148 

Estimate of amount of , 148 

Unexpended balances deducted 148 

When must be expended 207 

UNIFORM— 

Schools must be, how secured 50 

50 

In time, must be 201 

201 

Taxes for schools, must be 146 

What is uniformity in 147 

VACANCIES- 

Township Trustee's office, how filled 124 

125 

259 

Term of 125 

VACCINATION - 

School trustees may require , 119 .... 4 

VOTERS— 

At district school meetings 206 .... 1 

648 
207 .... 3 

207 232 

Married women are not 149 138 



1 




138 






1 


161 






2 


137 




137 




137 




137 




232 




1 






3 


222 






1 


134 






8 


101 






5 


333 






5 



INDEX. • 493 

VOUCHERS PAGE. SKC. NOTE. 

Trustee must file with report ...... = ......... 126 105 

WILL— 

School township may take devise by 115 .... 3 

WOMEN— 

Married, eligible to school office 258 330 

Official bond, can give 259 331 

Voters at school district meeting, are not 149 138 

' Members of library board 242 294 



SVIAH 20 1902 



